Baldwin County, Alabama
File #: 21-1347    Version: 1
Agenda section: Public Hearings Status: Agenda Ready
File created: 9/10/2021 Meeting type: Baldwin County Commission Regular
On agenda: 9/21/2021 Final action:
Agenda item title: Amendments to the Baldwin County Subdivision Regulations
Attachments: 1. Resolution #2021-130 2020-9-21, 2. Exhibit A - Proof of Publication - Subdivision Regulations, 3. Exhibit B - Proposed Amendments, 4. *DR5-Resolution 2021-130-SIGNED.pdf, 5. *DR5-Exhibit B - Proposed Amendments to Subdivison Regulations.pdf

Meeting Type:   BCC Regular Meeting

Meeting Date:  9/21/2021

Item Status:   New

From: Matthew Brown, Planning Director

Submitted by:  Matthew Brown, Planning Director

______________________________________________________________________

 

ITEM TITLE

Title

Amendments to the Baldwin County Subdivision Regulations

Body

 

STAFF RECOMMENDATION

Recommendation

Adopt Resolution #2021-130 which:

 

1)  Amends the Baldwin County Subdivision Regulations to read in their entirety as set forth in Exhibit “B” attached thereto; and

 

2)  Provides that said amended Baldwin County Subdivision Regulations, as set forth in Exhibit “B” attached thereto; shall become effective October 1, 2021; and

 

3)  Provides that the Chairman of the Baldwin County Commission is hereby authorized to certify on behalf of the Baldwin County Commission to the Judge of Probate of Baldwin County, Alabama, said amended Baldwin County Subdivision Regulations.

 

End

 

BACKGROUND INFORMATION

 

Previous Commission action/date:  N/A

 

Background: 

The Baldwin County Commission has previously approved and adopted Subdivision Regulations for unincorporated Baldwin County as authorized by applicable general or local law. The Subdivision Regulations were last amended by the Baldwin County Commission on October 6, 2020, Regular Meeting pursuant to the adoption of Resolution #2021-006.

Planning and Zoning staff has recently prepared a series of amendments to the text of the Baldwin County Subdivision Regulations. This agenda item is to consider these amendments and hold a public hearing, giving the public an opportunity to speak on the proposed changes. These amendments address the following topics:

                     Application Forms and Intake Process (streamlining process)

                     Exempt Subdivision Changes (adding 35-acre exemption and restricting exemption in existing subdivisions)

                     Broadband Requirements (requiring documentation of effort ensure availability)

                     Wetland Regulations (reducing jurisdictional determination requirement)

                     Pre-Existing Stormwater Management Facilities (adding mandatory buffer)

                     Stream Protections (adding mandatory buffer)

                     Sidewalks (requiring installation prior to final plat)

                     Recreational Vehicle Parks (increasing requirements by requiring paved roads, etc.)

The amendment procedures and advertising requirements are found at Section 12.1 of the Subdivision Regulations:

Any proposed amendment of these Subdivision Regulations shall be subject to a public hearing.  Notice of said public hearing shall be published once a week for three consecutive weeks in a newspaper of general circulation in Baldwin County, with the first notice being published not less than eighteen (18) days prior to the date of the public hearing.  In addition, a notice shall be published at least five days prior to the date of the public hearing in the regular section of the newspaper which shall be in the form of at least one quarter page advertisement.

 

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? 

Yes.

 

Reviewed/approved by:  Pending review/approval by County Attorney

 

Additional comments:  N/A

 

ADVERTISING REQUIREMENTS

 

Is advertising required for this recommendation?  Yes

 

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:  Admin Staff and Planning and Zoning Staff

 

Action required (list contact persons/addresses if documents are to be mailed or emailed):  Administrative Staff have documents signed and recorded. Planning and Zoning Department will update County website and publish revised copies of the Subdivision Regulations.

 

Additional instructions/notes:  N/A