Baldwin County, Alabama
File #: 23-0275    Version: 1
Agenda section: Public Hearings Status: Agenda Ready
File created: 11/21/2022 Meeting type: Baldwin County Commission Regular
On agenda: 12/5/2022 Final action:
Agenda item title: Amendments to the Baldwin County Subdivision Regulations
Attachments: 1. Resolution #2023-027, 2. Exhibit A - Subdivision Regulations Amendments, 3. Exhibit B - Proof of Publication, 4. 2007-010 Alabama Attorney General Opinion Letter, 5. *ER1-Resolution 2023-027-SIGNED.pdf

Meeting Type:   BCC Regular Meeting

Meeting Date:  12/5/2022

Item Status:   New

From: Matthew Brown, Planning Director

Submitted by:  DJ Hart, Planning Technician III

______________________________________________________________________

 

ITEM TITLE

Title

Amendments to the Baldwin County Subdivision Regulations

End

STAFF RECOMMENDATION

Recommendation

Adopt Resolution #2023-027 which:

1)  Amends the Baldwin County Subdivision Regulations with the amendments as set forth in Exhibit “A” attached thereto; and

2)  Provides that said amended Baldwin County Subdivision Regulations, as set forth in Exhibit “A” attached thereto shall become effective December 5, 2022; 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

 

Background:  Planning and Zoning staff has 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 topic:

 

                     Exempt Subdivision Changes (changes to the family division)

 

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.

 

Previous Commission action/date:  September 21, 2021 - The BCC last amended Subdivision Regulations pursuant to the adoption of Resolution #2021-130.

 

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:  County Attorney on 11/03/2022

 

Additional comments:  The proposed amendment is needed to comply with an interpretation by the Alabama Attorney General.

 

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 and Planning and Zoning Staff

 

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

 

Additional instructions/notes:  N/A