Baldwin County Planning and Zoning Commission Meeting - April 5, 2024

The Baldwin County Planning and Zoning Commission met on April 5, 2024, at 10:00 AM. The meeting was called to order by Chairman Pumphrey, followed by a prayer and the Pledge of Allegiance. Roll was called, and a quorum was present. The commission approved the minutes from the March 7, 2024 work session and regular meeting. New Planning Director Jay Dixon provided an overview of public hearing procedures and the 11 criteria for rezoning cases.

Consent Calendar

• CSP 24-08 Royal Palm Resort was removed from the consent agenda as discussed in the work session (motion carried unanimously).
• The remaining six consent items were approved as a group: SC24-03 (BFL C Blackwater Subdivision Phase 2), SC24-05 (Replat of Lot 1 of B Tree Creek Subdivision), SC24-08 (Jazzy Oaks, 5-lot subdivision), SC24-10 (BFLC 8 Mile Creek East Phase 8), SC24-11 (BFL C 8 Mile Creek East Phase 9), and SC24-16 (BFLC Elam Creek West Phase 9). Motion by Bill Booyer, second by Brandon Bias; all in favor.
• SC24-04 Johnson Ridge Lot 6 Replat was removed from consent after a member of the public signed up to speak; it was later approved after a public hearing.

Public Comments & Testimony

• Royal Palm Resort (CSP 24-08): Applicant Shelby Wales (managing property for Royal Palms Resort) stated the facility would be a members-only country club with a coffee shop for condo owners and their guests, operating approximately 7 AM to 4 PM. No public opposition was expressed.
• Johnson Ridge Lot 6 Replat (SC24-04): No public comments were offered after staff presentation.
• Curtis Property (Z24-08): Scott Curtis, representative for the applicant, spoke briefly. A motion to deny based on nonconformance with the comprehensive plan failed for lack of a second; later approved.
• Lewis Property (Z24-09): Michael Lewis appeared but did not speak; no opposition.
• Ham Enterprises (Z24-10) - Spanish Cove Phase: Significant public testimony in opposition:
  • Tracy Gamble (32054 Bartell Street) presented signatures from Planning District 33 (147) and District 23 (39) opposing high density, citing rural character and concerns about sprawl.
  • Fred Lurwe (9192 Soldiers Creek Road) cited flooding and watershed issues, noting runoff crosses the property and contributes to Perdido Bay.
  • Richard Andrews (1036 Neptune, County Road 91 South) raised traffic safety on County Road 91 at Highway 98, stating the intersection is dangerous and infrastructure (volunteer fire, no paid police) is inadequate.
  • Darlene Wigley (1687 Santa Cruz Drive, Spanish Cove) said the area is already overpopulated and sewer smells constantly.
  • Jeanie Raven (10860 County Road 99) mentioned ongoing sewage overflow issues from Spanish Cove's lift station affecting Perdido Bay.
  • Valerie (farmer adjacent to west) criticized Spanish Cove as a "shanty town" and argued the development would harm agricultural character.
  • Raven Roper (south of subject property) opposed due to traffic, school capacity, and environmental impacts.
  • Henry Castlebaum (Lydia, AL) expressed concern about potential access crossing his property. Supporters included David Schumer (engineer), Jeff Wyndham (owner, Ham Enterprises), and Pete Garafola (operations manager, Spanish Cove). They argued the parcel was platted as part of Spanish Cove in 1973, has been paying assessments, and the requested RSF-4 matches adjacent lot sizes. The Board of Spanish Cove POA supports the rezoning, though residents were not polled.
• Summer Grove Subdivision (STP 23-31) - 250 lots, unzoned area:
  • Applicant Dwayne Smith (Anchor Engineering) described the layout including buffers and a park area. Noted reduction from over 300 lots to 215 with mix of 60-ft and 75-ft lots.
  • Tyler Scott (attorney for adjacent property owners) raised deed restrictions that may prohibit using the Rigsby Road parcel as an access point.
  • Alvin McPherson (2770 Rigsby Road, 40-year resident) opposed the entrance on Rigsby Road, stating the 3-acre parcels were sold as residential, and the proposed demolition of a house for a roadway is an outrage.
  • Julia Baldwin (2755 Rigsby Road, nurse at Thomas Hospital) cited horrendous traffic already, new elementary school, and stated a 45-minute commute from her home to the meeting. She argued infrastructure cannot support 250 more homes (estimated 500+ cars).
  • Ken Weed (27592 Rigsby Road) raised drainage and flooding concerns; said traffic improvements should be done in good faith before approval.
  • Thomas Stults (27640 Rigsby Road) detailed severe stormwater runoff from a 100-acre farm across Rigsby, causing a river-like flow; fears flooding will destroy properties.
  • Belle Holloway (Holloway Lane, off County Road 54) concerned about traffic and entrance location.
  • Gail Young (10674 Red Fern Road) questioned traffic study methodology (not accounting for existing developments forcing north-only traffic) and lack of bicycle/pedestrian consideration.
• Beach Reinier Division (STP 24-04, SD 24-02) - variance request for 25-ft flag lots:
  • Kathy Barnett (Dewberry Engineers) argued variance should not be needed since there is no written regulation on minimum flag width; suggested a common driveway and utility easements can be arranged.
  • Janet Beach (1956 West Kingsfield Road, Canton, FL) purchased the 11-acre lot with understanding it could be split into two 5.5-acre lots per covenant. She and her husband have been waiting seven months, calling the process devastating.
  • William Beach (same address) asked the commission to allow them to build their retirement homes; they were store managers and want to return to Alabama.
  • Ernie Raynor (9252 Bell Ridge Drive, Pensacola, FL) echoed the emotional and financial toll; asked not to be penalized for the commission's lack of codified regulation.
  • Bob Edmonds (26615 Big Grants Way) supported the Beaches but raised concerns about future subdivisions and lack of restrictions on the remaining parcels.
• Northwoods Phase 1 (SRP 24-01):
  • Robin Delaney (representing adjacent property owner South Engulf Company) pointed out an error in the traffic study: the speed limit on Highway 225 at the proposed entrance is 55 mph, not 45 mph, and the entrance is at the crest of a blind hill.
  • Mayor of Spanish Fort (name not given) expressed support for the project, noting he met with engineers and is comfortable.

Discussion Items

• Royal Palm Resort (CSP 24-08): Staff presented the request for a commission site plan for a country club with coffee shop on 1.6 acres (zoned RMF-6). The building will be used as-is with no additions; 29 existing parking spaces exceed the required 11. Drainage narrative accepted by county engineer. Staff recommended approval. After applicant presentation, the commission approved (motion by Diane Burnett, second by Michael Mullock; all in favor).
• Johnson Ridge Lot 6 Replat (SC24-04): Staff recommended approval with no conditions. The 9.37-acre property in RR zoning is a two-lot concurrent review. No public hearing concerns were raised. Approved unanimously.
• Smith Property (Z24-06): Request to rezone 38 acres from RA to RSFE for a residential subdivision north of County Road 26 and west of Poser Road in Foley. Staff recommended approval based on the 11 factors. Approved as recommendation to county commission.
• Curtis Property (Z24-08): Request to rezone 2.98 acres from RSFE to RSF-1 to allow subdivision. Located off River Road North. Staff recommended approval. Commissioner Burnett moved to deny based on nonconformance with comprehensive plan; motion failed for lack of second. Commissioner Bice moved to approve; seconded by Davis. Approved (4-1 or similar; no exact tally given, but passed).
• Lewis Property (Z24-09): Request to rezone 3.3 acres from RA to RSF-1 for a three-lot subdivision on County Road 97 south of Highway 98. Staff recommended approval. Approved unanimously.
• Ham Enterprises (Z24-10) - Spanish Cove Phase: Request to rezone 22.87 acres from RA to RSF-4 for a future phase of Spanish Cove (originally platted in 1973). Staff recommended approval, noting compatibility with existing development and stub-outs. Extensive public testimony for and against. After discussion, Commissioner Siebert moved to recommend denial based on incompatibility with the overall development area and nonconformance with the future land use map. Seconded by Bill. Approved as recommendation to county commission (6-1 or similar; no exact count, but motion carried).
• Summer Grove Subdivision (STP 23-31): 215-lot subdivision on approximately 215 acres (unzoned area) near Daphne, with entrances on Rigsby Road and County Road 54 East. Staff identified required turn lanes at Highway 181 and County Road 64; applicant will participate in improvements on County Road 64. Drainage includes three ponds; post-development flows lower than pre-development. No school board response. Commissioner Siebert initially moved to deny on health/safety/welfare grounds, but after legal counsel noted the subdivision meets all applicable regulations and that changes must come through regulation amendments, he withdrew the motion. Commissioner Burnett then moved to deny based on lot size and purpose of subdivision regulations, but staff clarified the minimum lot size (60 ft) is not a standard under unzoned regulations. Commissioner Bice moved to approve with staff conditions; seconded by Siebert. Approved (majority in favor).
• Beach Reinier Division (STP 24-04, SD 24-02) - Variance Request: Request to subdivide an 11-acre lot into two lots with 25-ft flag lots each (currently one 50-ft flag). Staff recommended denial because practice requires minimum 30-ft flag width to accommodate utilities (10-ft easement each side) and driveway. Highway department recommended a shared driveway, supported conditional approval if utility easement clarification is obtained. Commissioner moved to approve the variance contingent on clarification from Baldwin EMC and other utility providers that there is adequate room for easements (and specifying a shared driveway per highway recommendation). Motion seconded; approved.
• Northwoods Phase 1 (SRP 24-01): 43-lot subdivision (revised plat) on Highway 225, previously approved by Spanish Fort but now under county jurisdiction. Staff recommended approval with conditions including drainage agreements with adjacent subdivisions and ALDOT permits. Mayor of Spanish Fort expressed support. Commissioner questioned drainage integration and traffic study speed limit. Approved with conditions.

Key Outcomes

• Consent agenda items (6): Approved unanimously.
• CSP 24-08 Royal Palm Resort: Approved.
• SC24-04 Johnson Ridge Lot 6 Replat: Approved.
• Z24-06 Smith Property: Recommended approval to county commission.
• Z24-08 Curtis Property: Recommended approval to county commission (after failed denial).
• Z24-09 Lewis Property: Recommended approval to county commission.
• Z24-10 Ham Enterprises (Spanish Cove): Recommended denial to county commission (motion by Siebert, second by Bill).
• STP 23-31 Summer Grove Subdivision: Approved with staff conditions.
• STP 24-04 / SD 24-02 Beach Reinier Division: Variance and subdivision approved, conditional on utility easement clarification and shared driveway.
• SRP 24-01 Northwoods Phase 1: Approved with staff conditions.
• New Business: Planning Director announced that due to denial of a conditional use permit by Gulf Shores, will-serve letters from the Walt Morgan sewer plant will no longer be accepted until permit status is resolved.
• Ongoing issue: Commissioner requested staff to investigate codifying minimum flag lot width in subdivision regulations.
• Next meeting: Scheduled for May 2, 2024.