Magnolia Springs seeking attorney general’s advice

Planning Commission discusses proposed RV park

By Jessica Vaughn / jessica@gulfcoastmedia.com
Posted 11/15/17

MAGNOLIA SPRINGS - During their November meeting, the Magnolia Springs Planning Commission voted to send a request to the attorney general seeking advice on whether the proposed Meadow Springs RV …

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Magnolia Springs seeking attorney general’s advice

Planning Commission discusses proposed RV park

Posted

MAGNOLIA SPRINGS - During their November meeting, the Magnolia Springs Planning Commission voted to send a request to the attorney general seeking advice on whether the proposed Meadow Springs RV Park that would be located on Beasley Road should fall under Magnolia Springs’ subdivision regulations. Prior to the meeting, the Baldwin County Planning Commission voted during their November meeting that the proposed RV Park was to fall under Magnolia Springs’ ETJ (extraterritorial jurisdiction). However, due to the nature of the RV Park, the Magnolia Springs commission felt it important to get an outside opinion. The park has brought much debate over the last several months from both concerned citizens against its development and those who support the growth.

THE ISSUE

“The issue is whether or not the park is a subdivision under our regulations,” said Brad Hicks, Magnolia Springs Legal Counsel. “There aren’t any recorded decisions by the Alabama Supreme Court or by the Alabama City Appeals that deal with whether or not an RV Park and certain level of building development falls under the definition of a subdivision.” Hicks stated that during similar situations in the past, municipalities sought advice from attorney generals. After hearing opinions from both sides of the fence and gathering information from the owner of the property, the commission voted to have Hicks compose a letter to the attorney general on the matter.

Hicks stressed that the planning commission was solely seeking advice on the matter at hand, and that in no way would the return letter from the attorney general be the final decision in the matter. That is still in the hands of the Magnolia Springs Planning Commission.

“There’s only two ways possible for this to be under our subdivision regulations, and that’s either through lease or through building development,” said Hicks. “The lots aren’t being sold, so it’s only a question of the work that’s being done out there: is that going to be building development such that it falls under the town’s subdivision regulations?”

The owner of the property, Michael Hill, has proposed to the Baldwin County Planning Commission that he would like to place 35 RV lots on the property, with more lots to come if there is a demand. Currently Hill has not submitted an application to Magnolia Springs. In his application to Baldwin County, Hill requested for 3 variance requests, concerning the material to use for roadways, the width of the sites, and the density. Hill plans to have electricity, water, and sewage for each individual site.

Though he does not intend for people to live there year-round, Hill has not determined how he will be charging or the length of time that will be allowed for RV-ers to stay within the park. Hill hopes to market the RV Park to veterans, law enforcement, firemen, and their families, but he isn’t planning to turn away the public if they request to stay there.

“This started with my father, who is a disabled Vietnam vet,” said Hill. “He has friends who have told him that it is too expensive for them to come down and stay and visit … Then one of my law enforcement buddies came to me and asked what about their parents, could they come and stay out? And then after a while I started to realize that there’s a need for this … I’m not going to let these people come in there and act a fool. If they look like they’re a problem, then they’re going to go.”

CITIZEN’S VOICES

Without an actual application submitted to Magnolia Springs, citizens opposed to the park are concerned as to whether Hill’s vision will be what actually comes to the area, and if background checks will be performed on those looking to stay in the park. Other concerns from citizens include increased traffic on the road, drainage, a decrease in property value, the safety of children who live there, and if an RV Park fits in with the residential, farming homes currently in the area.

“I don’t know Mr. Hill and the idea of a place for our first responders is great,” said Hadley Weaver, who lives near the proposed RV Park location. “I don’t think it belongs in our subdivision, that’s my opinion … The people who are going to be harmed are here already. We chose to buy a piece of property there, we can’t pick up and move, but he [Hill] can find another location for an RV Park and create what he wants without upsetting all the people in the neighborhood.”

On the other side, there are many citizens who feel that the RV Park will bring visitors into the community along with their business, helping the economy.

Jerry Anderson, who showed his support of the Hills during the commission, had this to say on the matter: “If we can establish that there is no subdivision going on and the Hill’s want to develop their land that they own and improve it without it being unsightly, then you may live across the street, you may live adjacent, but if it’s done according to rules and regulations, then you can have your opinion but I don’t think you should be able to impose your difference of opinion over somebody just because you don’t like what they’re doing.”

Weaver and his wife submitted to the commission team over 60 letters that had previously been submitted to the county from citizens who are opposed to the park. An online petition has also been started, which at the date of the commission meeting had collected over 100 signatures opposing the park. Likewise, Hill and his attorney also began a petition in support of the RV Park, which was submitted to the commission with 227 signatures.

LEGAL VIEWPOINT

The largest question put to the planning commission was if the RV Park fell under the county’s subdivision regulations, then wouldn’t it fall under Magnolia Springs’ as well?

Both Hill’s attorney and the Weavers’ attorney were present during the meeting to present arguments from both sides.

“When you look at what Hill submitted to Baldwin County, it looks like a single-family residential subdivision,” said Chris Gill, representing the Weavers. “It’s got streets, it’s laid out in linear lots with individual utilities running to each lot, it’s no different. Whether it’s used as an RV Park, whether you put mobile homes on it, or whether you build brick single-family homes on it, it doesn’t matter, they’re still dividing land for occupancy by multiple individuals, and therefore it’s a subdivision under Alabama state law as well as under Magnolia Springs’ regulations.”

Christopher Callaghan attended as Hill’s attorney, who argued that since there would be no selling, leasing, or gifting of the lots, the RV Park would be more like a campsite or parking lot.

“While Magnolia Springs doesn’t define recreational vehicle or anything like that in its subdivision regulations, the town of Magnolia Springs does define recreational vehicle park and recreational vehicle,” said Callaghan., reading from Magnolia Springs zoning ordinance. “A parking garage, for instance, is defined as a building designed and used for the storage of automobile vehicles operated as a business enterprise, with a service charge or fee being paid to the owner or operator. What Hill intends to do is charge a service charge to the RVs to vacation there, to park their vehicles on a campsite. Which this is from the zoning ordinance, which the property is unzoned so I understand this may not apply, but just to say that the town has defined these things.”

In the end, the commission approved to allow Hicks to pen a letter to the attorney general, including all the information given during the meeting. Once the Planning Commission receives a return letter detailing the advice of the attorney general, they will bring the matter back before the commission for the final vote.