Barnwell residents vying for 2nd vote on Planning District 38, Fairhope's 'last un-zoned area'

BY COLIN JAMES
Reporter
colin@gulfcoastmedia.com
Posted 11/13/24

FAIRHOPE — Residents of rural Barnwell gathered at Delta Grocery Restaurant Thursday night to discuss the situation surrounding Fairhope's "last un-zoned land," which included heated discussion …

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Barnwell residents vying for 2nd vote on Planning District 38, Fairhope's 'last un-zoned area'

Posted

FAIRHOPE — Residents of rural Barnwell gathered at Delta Grocery Restaurant Thursday night to discuss the situation surrounding Fairhope's "last un-zoned land," which included heated discussion among locals.

This grassroots movement, spearheaded by Fairhope resident Lisa Atchley, is to inform residents of the proposed District 38 in the Barnwell area that is currently un-zoned, an area that covers land located south of the City of Fairhope.

"Nobody wanted to say anything," Atchley said at the meeting, giving her reasoning for her efforts. "Nobody wanted to petition. Nobody wanted to speak up."

Back in August, a 339-lot subdivision called Saddlebrook was approved by the Baldwin County Planning Commission at the northwest corner of the Highway 98 and CR 24 intersection in west Barnwell. Despite there being concerns by the local community, the commission legally could not do much due to the area being un-zoned.

If an area is not within a zoning district, as long as a developer meets the county's technical requirements, which address concerns such as utility use, traffic plans and environmental impacts, essentially anything can be built, Gulf Coast Media has previously reported. Developers are not required to examine whether a plan fits in with the character of the surrounding community.

Previously, it was reported that over 300 permits were being processed at the time, raising concerns from locals over the future of the area and its development. With these concerns over the future intensifying as Baldwin County continues to expand, Atchley started to take the matter into her own hands and created a Facebook group to better inform local citizens of the zoning situation in what will become District 38 if approved by voters.

According to previous reporting from Gulf Coast Media, the district would cover areas just west of Greeno Road, starting at CR 32 and extending south along Highway 98 to Week's Bay.

Atchley has been gathering signatures from registered voters in the area for a petition that can trigger a voter referendum, needing the signatures by Dec. 1, with voting taking place in January. At least 10% of registered voters in the boundaries of the proposed district must sign a petition to the judge of probate in order to hold a referendum.

In December 2022, a similar proposal for District 38 failed by just 23 votes, with 132 in favor and 155 opposed, GCM previously reported. Despite the low turnout, the close result highlighted the community's divided stance on zoning. A previous Gulf Coast Media article reported that fewer than 400 residents participated in the vote.

If approved, a moratorium will be placed on all new construction that has not yet been approved, and a five-member committee will be appointed to develop the new zoning map. A no-vote means the issue is dropped for two years, and development can continue.