Commission Postpones Moratorium in Baldwin County controlled areas

Originally Published by the Mobile Press Register

Commission postpones moratorium

Wednesday, October 17, 2007
By VIRGINIA BRIDGESStaff Reporter

BAY MINETTE -- The Baldwin County Commission postponed a vote Tuesday that would have stopped most subdivision and commercial developments across much of the county until zoning regulations could be established for flood-prone areas.

Baldwin County Commissioners Wayne Gruenloh, Frank Burt and Ed Bishop said they support the new regulations but voted to postpone a decision on the moratorium for at least 60 days to ensure that they're on firm legal ground.

"The last thing we want to do is adopt something that gets challenges in court or overturned," Burt said.

Commissioner Skip Gruber voted against the delay, saying the commission needs to move forward with regulations that will protect lives and public funding if a strong storm hits Baldwin.
"No matter what we do, we are going to be sued probably," Gruber said.

The vote to delay the decision followed questions from a local real estate investor and commissioners about the legality of the proposal and the accuracy of the designated flood-prone areas.

Baldwin County Planning and Zoning Department Director Wayne Dyess said the maps were based on federal documents and might include tracts with low and high elevations.

The moratorium would have stopped some development for up to six months or until the county adopts zoning regulations for flood-prone areas, which includes all unincorporated waterfront property and about 60 percent of the county.

Single-family home construction and additions would not be affected.

Dyess and others will continue working on the zoning regulations, which could be completed within the next two months, he said. The regulations are needed to reduce density and protect environmentally sensitive flood-prone areas, county officials have said.

The moratorium would have prevented new development from starting up to avoid the new regulations.

"We don't have any way to stop the game in motion to figure out how we are going to play it," Dyess said after the meeting.

Ron Wronski, a Baldwin pier and bulkhead builder, said after the vote that the proposed zoning regulations could reduce the value of his parcel south of Fairhope by limiting the future uses, such as commercial.

"The upsetting thing is that the county has just decided to take it away," Wronski said about that potential property value. "I call it theft."