A LEGISLATIVE PROPOSAL

PROPOSAL: To amend Section 3 of Act NO. 91-719 as amended by deleting the

provision for automatic rezoning.

Section 3 provides in part that: "In any district which has adopted a zoning ordinance,
undeveloped land or land zoned or used for agricultural purposes or timber growing shall
automatically be rezoned for single family use upon the request of the owner."

This proposal is to delete this provision in its entirety.

REASONS: 1. Language is inconsistent with Section 7 of this same Act which requires
the master plan and zoning ordinances to consider present and existing conditions with
due regard to existing agricultural uses. Section 7 goes on to say: "The comprehensive
plan, development and zoning ordinances and regulations shall be made with the general
purpose of guiding and accomplishing a coordinated, adjusted and harmonious
development of the county which will in accordance with present and future needs best
promote the health, environment, safety, morals, order, convenience, prosperity and
general welfare as well as efficiency and economy in the process of development, and
shall promote safety from fire, flood and other dangers and the healthful and convenient
distribution of population, and the wise and efficient expenditure of public funds." In
other words to prevent sprawl.

2. The introduction of residential development in the midst of active farm land creates a
potential conflict with agricultural uses.

a. Some activities are potentially adverse to residential use, i.e., spraying of

pesticides, harassment of livestock, adverse reaction to dusty conditions, increased
difficulty in moving equipment and supplies, overspray by irrigation systems, etc. All of
these factors lead to increased costs of farming operations.

b. Increased cost effects the economic viability of remaining farm operations.

c. Fracturing of agricultural land results in smaller and more isolated units thus
affecting the economic viability of continued farming.

d. Reduced economic viability will result in the progressive loss of additional

farmland to development interests.

3. As sprawl occurs, cost of all social services raise.

a. Schools must provide additional transportation.

b. More traffic is needlessly generated for residents to get to work, shop, seek
health care, recreate, etc.
 c. Law enforcement and emergency services must be expanded.

4. The existence of the automatic rezoning provision curtails the County's ability to
adopt a comprehensive plan and zoning ordinances that ensures to continued viability of
the agricultural industry as a legitimate land use.

5. The automatic rezoning provision include "undeveloped land" which could include
wetlands, flood zones or other lands totally unsuitable for residential development.
Although wetlands are protected by the subdivision regulations, other undeveloped land
such as flood zones and Conservation Districts identified in Horizon 2025 are more
problematic.

HISTORY: In my 10 year tenure on the County Planning and Zoning Commission, I

have never experienced a situation where anyone engaged in agricultural activity has
ever requested the automatic rezoning. Staff has not been able to identify any such cases.

THE TYPICAL SITUATION: Development interests will seek out the lowest cost
undeveloped property for their activity. Remote agricultural land is almost always less
costly than available land close to established communities, and therefore more attractive
to development interests. Once acquisition proceedings take place, requests for rezoning
are made; most frequently at a higher density than would be permitted by the automatic
rezoning provisions. However, the argument is always made that the land can be
developed by right and a higher density would have little effect. These arguments are
difficult to defend against and are subject to legal proceedings.

WHAT'S NEEDED: What is needed is a mechanism that helps protect the viability of
the farming industry and encourages development activity to enhance the growth of
established communities. Strategies such as the use of Transfer Of Development Rights
may be a possible solution at some time in the future, however, the automatic rezoning
provision makes that unlikely.

WHAT'S THE EFFECT ON THE FARMER? Very little. Those that do wish to
terminate farming activity can still sell their land, or request a zoning change should they
elect to develop it themselves.

Those that want to continue farming are encouraged to do so without the fear that their
activity will be threatened by outside influences.

HOW IS THE FARMER HARMED BY THE PROVISION FOR AUTOMATIC

REZONING? See the discussion under REASONS above.

THE BOTTOM LINE: It is virtually impossible, through the planning and zoning
process, to offer the farming community the protection it needs to ensure a viable
industry when the specter of intruding development exists by right. Implementing the
vision contained in Horizon 2025 is compromised by this provision.
 A LEGISLATIVE PROPOSAL

PROPOSAL: To amend Section 3 of Act No. 91-719 by striking the words "or under"
in the second sentence. It would then read: "The Planning Commission shall not have
authority over removal of natural resources growing on, placed on or naturally existing
on private lands or properties."

REASON: This proposal is intended to eliminate dirt pits of any kind or other industrial
or mining activities where they would create situations that would result in uses that are
totally incompatible with adjacent uses or would create hazards to the health and safety of
adjacent properties, or which result in the reduction of adjacent land values.

DISCUSSION: There exists in Baldwin County situations where dirt pits exist
immediately adjacent to residential properties. According to the current provisions of 91­
719, there is nothing to prevent those pits or other dangerous activities associated with
their industrial nature, from extending up to the limits of their property lines. Allowing
this situation to exist, not only defies good planning, but places both pit owners and
adjacent property owners at risk.

It is not the intent of this proposal to eliminate dirt pits entirely, but to ensure they occur
only in places where their effects can be minimized. It is proposed to amend the Zoning
Ordinances to allow dirt pits as a conditional use in zones where they would be
appropriate and to require appropriate mitigating measures.

Allowing this activity to occur anywhere in zoned areas also compromises the County's
recently completed comprehensive plan "Horizon 2025." The vision in that plan for the
orderly growth and development is totally compromised when incompatible uses such as
this are permitted by right anywhere in the County.