ORANGE BEACH — A 136-unit townhome subdivision might be built on Roscoe Road, which is just off the Foley Beach Express' now toll-free bridge, but it may end up being in county jurisdiction if …
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ORANGE BEACH — A 136-unit townhome subdivision might be built on Roscoe Road, which is just off the Foley Beach Express' now toll-free bridge, but it may end up being in county jurisdiction if the City of Orange beach deannexes the 41-acre property.
At their Jan. 13 meeting, the Orange Beach Planning Commission recommended that council approve the proposed rezoning for the Coastal Cottages property. The land was previously a part of the old Riverwalk & Bama Bayou property across the Intracoastal Waterway from The Wharf, and the request is to rezone it from a general business zone to a Planned Unit Development (PUD). The rezoning now awaits a vote from Orange Beach City Council.
A public hearing for the subdivision rezoning was set for the Jan. 21 Orange Beach Council meeting, but has been rescheduled for Tuesday, Jan. 28, due to incoming winter weather. The meeting will be held at the city's council chambers starting at 5 p.m. Other items on the agenda include a discussion of policies, procedures, and schedule of fees for the Orange Beach Shooting Facility, an awarded bid for the upcoming Veterans Memorial and bids awarded for the renovations to the senior center and library.
At the Jan. 13 planning commission meeting, Orange Beach’s city attorney, Jamie Logan, said she wanted the commission to know “there is a potential that this property may be deannexed by the city” and that the property owners and project designers were notified before the meeting.
Deannexation means the property would be transferred to Baldwin County jurisdiction as it would be removed from Orange Beach municipal boundaries. Comment from the city was not recieved before time of publication.
A representative for the property owners, Coastal Land Properties LLC, told Gulf Coast Media they would litigate the switch. The topic of deannexation is expected to be brought up in future council meetings.
“The deannexation would have a negative adverse effect on our property in many ways, including school district, garbage collection, taxing, zoning change, policing, emergency services and voting,” the property representative, who wished to remain anonymous, said.
The representative said “it is my understanding” that only the multi-family/townhome developments north of the Intracoastal Waterway are potentially being deannexed. Other non-residential developments, including storage facilities, Orange Beach’s public works and The Wharf's Margaritaville resort development would remain within city limits and services.
“Margaritaville has some residential components, so it will be interesting to see how this is handled,” the representative said. “The reason (for the deannexation) is protection of the city school system. There are concerns from the school system that multi-family developments contribute to the majority of discipline issues and lower grades compared to other residential developments.”
Other owners whose properties will be affected by the deannexation, the representative said, are concerned with “the devaluation of their property” along with the “inconvenience” that will come with utility and emergency services, which will no longer be offered by the city, and changing the school systems.
“If the deannexation happens, then all students (living in the deannexed properties) will not be allowed to attend the Orange Beach City Schools system,” the representative said. “The students would be forced into Foley or other county systems, causing an unplanning burden on their current system.”
The property is a six-minute drive from Orange Beach Middle & High School and a 12-minute drive from Orange Beach Elementary. It is about a 14-minute drive from Foley High, an 18-minute drive from Foley Middle and a 19-minute drive from Foley Elementary.
“For properties that have been within the City of Orange Beach since annexation, 20-plus years, been a part of the community, paying taxes that helped build the city infrastructure and school system, it comes as a total shock that you can lose your property rights over the decision of a governmental knee jerk reaction,” the representative said on the property owners’ and project designers’ thoughts on the matter.
If deannexation is approved by the city, the entire parcel that the townhome subdivision property is located on would be removed, the representative said. This would prevent any potential residential/commercial developments later built on the property from being a part of the City of Orange Beach unless it is annexed back into the city boundaries.
“This property’s owners will do everything in their power and ability to fight this proposed deannexation,” the representative said.
Craig Johnson, project manager for the site, said the plan for this property, if it is not deannexed, is to build 136 two-story townhomes on 25 of the 41 property acres. There will be a total of 26 buildings with 10 four-unit buildings and 16 six-unit buildings. 52 of the units are proposed to be four-bedroom units, and 84 will be three-bedroom units.
Johnson said this townhome subdivision will “provide housing for small families who want to live in the much sought after Orange Beach community.”
Each unit will have a driveway that will allow for three to four cars in addition to garage parking. The lots have as a fee simple subdivision with a Homeowner Association (HOA).
According to Johnson, the Riverwalk & Bama Bayou property was sold to different developers in parcels. The total expected cost for this townhome subdivision is $40 million, and, pending council approval, Johnson expects construction to begin late 2025 or early 2026.
This development will not impact or disturb any of the United States Corps of Engineers-identified wetlands on the property, Johnson said. Much of the wetland area is “to remain in a natural state in perpetuity,” according to the PUD Master Plan for the project.
With more than 88% of the to-be-developed property marked as common area, Johnson said this project was designed with community in mind.
“There will be walking/biking paths around natural areas and ponds with areas to sit and enjoy the outdoors. Landscaping and natural vegetation will be provided as a screen behind each unit,” Johnson said. “With a community boat ramp across the street, retail and restaurants across the canal and short drive to the beach, we feel this development will be an asset for families to join the community of Orange Beach.”
The next step for the development typically would involve the property’s rezoning application to be approved with conditions or denied by Orange Beach City Council within 90 days of the Jan. 13 planning commission meeting. If the property is not deannexed, construction may begin as scheduled after the property rezoning is approved. If the property is deannexed, the property owners’ representative said the property “goes to litigation.”