Meeting Type: BCC Regular Meeting
Meeting Date: 11/2/2021
Item Status: New
From: Celena Boykin, Senior Planner
Submitted by: Celena Boykin, Senior Planner
______________________________________________________________________
ITEM TITLE Title
Proposed Planning (Zoning) District 37 - 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 37; and
2) Make a determination that it is not feasible to utilize the Voting Precinct boundaries of precincts 42, 43, and 49 as the proposed Planning (Zoning) District 37 boundary; and
3) Accept the proposed Planning District 37 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:
Citizen, Elizabeth Gabel Wilson, residing in part of the current Planning District 14, 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 citizen, Elizabeth Gabel Wilson, resides in the current Planning District 14 which falls within Voting Precinct 43. The islands of the north part Planning District 17 fall within Voting Precinct. 42 and 49. However, it is not feasible to utilize any of these voting precincts for a new Planning (Zoning) District for the following reasons:
Precinct 42, 43, and 49 contains Fairhope corporate limits, which would automatically be excluded from the new district and require a redrawing of the boundary.
Precincts 43 and 49 includes part of the new proposed Planning District 8.
Not including parts of Precincts 42 and 43 would result in an unzoned island north of Fairhope and south of Planning Districts 14 and 15.
Precincts 42 and 43 already contain portions of Planning (Zoning) District 15 and 16.
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 37. These factors included:
The north boundary abuts Planning (Zoning) District 15 and 16.
The east boundary is Fish River and Voting Precinct 43.
The west boundary is the City Limits of Fairhope.
The south boundary is Red Barn Road.
Based on these factors, Planning and Zoning staff recommends the County Commission accept the proposed Planning District 37 boundaries subject to the subsequent affirmative referendum vote Alabama Code §45-2-261.07.
A map showing the boundaries of the proposed district (Blueish 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 37 boundaries have been accepted for planning, zoning, and voting purposes. The letter should be emailed to the following:
Elizabeth Gabel Wilson
elizabethgabel@gmail.com <mailto:elizabethgabel@gmail.com>
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.