Meeting Type: BCC Regular Meeting
Meeting Date: 9/7/2021
Item Status: New
From: Celena Boykin, Senior Planner
Submitted by: Celena Boykin, Senior Planner
______________________________________________________________________
ITEM TITLE
Title
Proposed Planning (Zoning) District 35 - Acceptance of Notice of Intent to Form a Planning (Zoning) District, Determination Regarding Infeasibility of Using Precinct Boundaries, and Acceptance of Proposed District Boundaries
Body
STAFF RECOMMENDATION
Recommendation
Pursuant to Alabama Code §45-2-261.07, take the following actions:
1) 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 35; and
2) Make a determination that it is not feasible to utilize the Voting Precinct boundaries of precincts 37 or 47 as the proposed Planning (Zoning) District 35 boundary; and
3) Accept the proposed Planning District 35 boundaries subject to a subsequent affirmative referendum vote pursuant Alabama Code §45-2-261.07.
End
BACKGROUND INFORMATION
Previous Commission action/date: N/A
Background: Citizens Regina and Terry Worth and Dawn and David Ewing, residing in the River Road N / Keller Road area west of the City of Foley, east of Planning District 21, and part of the current Planning District 34, approached the Planning and Zoning staff regarding the formation of a new Planning (Zoning) District and requested a referendum for Zoning in this new district.
Coming under the Planning and Zoning Jurisdiction of Baldwin County is a citizen driven effort. The process must be initiated and let by the citizens. Alabama Code §45-2-261.07, requires that a new planning district “correspond to a voting precinct or precincts in the county unless the county governing body determines that the use of voting precinct boundaries is not feasible.”
The requesting citizens, Regina and Terry Worth and Dawn and David Ewing reside between County Road 12 S and County Road 10 which cuts through Voting Precincts 37 and 47 in the Bon Secour area. However, it is not feasible to utilize any of these voting precincts for a new Planning (Zoning) District for the following reasons:
Precinct 47 contains Foley corporate limits, which would automatically be excluded from the new district and require a redrawing of the boundary.
Precinct 37 already contain portions of Planning (Zoning) District 21 and Planning (Zoning) District 27. Planning (Zoning) District 21 already zoned would automatically be excluded from the new district and require a redrawing of the boundary.
Utilizing Precinct 37 and 47, would allow to include both sides of the Bon Secour River.
Because none of the above referenced voting precincts provide a feasible boundary, Planning and Zoning staff considered other factors to establish an appropriate boundary for the proposed Planning District 35. These factors included:
The north boundary is the Foley corporate limits and County Road 12 S.
The east boundary is Foley corporate limits.
The west boundary is County Road 65 (where there is a natural transition from less density to more density).
The south boundary is County Road 10 and the current southern boundary of Planning District 34.
Based on these factors, Planning and Zoning staff recommended the County Commission accept the proposed Planning District 35 boundaries subject to the subsequent affirmative referendum vote Alabama Code §45-2-261.07.
A map showing the boundaries of the proposed district (green color area) is attached to this agenda item.
The steps for exercising Planning and Zoning authority are found in Alabama Code §45-2-261 and the proceeding sections.
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. (PURPOSE OF THIS AGENDA)
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.
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 Staff & Planning and Zoning Department
Action required (list contact persons/addresses if documents are to be mailed or emailed):
Administration Staff shall send letter to the requesting party notifying them that Planning (Zoning) District 35 boundaries have been accepted for planning, zoning, and voting purposes. The letter should be sent to the following:
Regina and Terry Worth
8189 River Road N.
Foley, Alabama 36535
And
Dawn and David Ewing
19324 Keller Road
Foley, Alabama 36535
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 provide the requesting party with the number of signatures required and petition forms for the use of collecting those signatures.
Additional instructions/notes: Planning and Zoning Department - Provide support as needed.