Commission approves Long Bayou Reserve preliminary plat, defers broadband waiver to final plat; Corps mitigation credits required

The Baldwin County Planning and Zoning Commission on Aug. 7 approved the preliminary plat for Long Bayou Reserve (SPP25-20), a planned residential development of 48 lots, subject to conditions requiring wetland mitigation credit purchases and other compliance before construction permits or final plat approval.

County staff said the development is in Planning District 30, zoned RSF-2 with a planned residential development (PRD) overlay. The project proposes 48 lots, with 36 waterfront lots and 12 interior cottage lots; the developer expects to preserve about 28 acres of open space and to impact approximately 3.5 acres of delineated wetlands. Staff noted the U.S. Army Corps of Engineers had issued preliminary approval for the wetland impacts, but that the county required the applicant to purchase mitigation credits before issuance of construction permits.

Staff recommended several pre-permit conditions, including: proof of purchased mitigation credits approved by the U.S. Army Corps of Engineers; recording of deeds associated with exemption 25-74 for parent-parcel divisions; a will-serve letter from the proposed waste-collection provider; and submission of a private-road request to the County Commission because Baldwin County will not accept the proposed roads for county maintenance.

The developer also sought a waiver from the county’s broadband-availability requirement. That requirement directs applicants to ensure reliable high-speed broadband connectivity with a minimum of 25 megabits per second (Mbps) download and 25 Mbps upload to each lot. County staff explained that a will-serve letter from a broadband provider at preliminary plat satisfies the rule; alternatively an applicant may satisfy the requirement at final plat if service becomes available in the interim.

Engineer Thomas Granger, representing the applicant, said the project is adjacent to the Margaritaville development and that point-to-point broadband service and garbage service are expected to extend into the area as Margaritaville builds out. "Our intent is to provide it," Granger said, adding the developer expects broadband service to be available by final plat submittal.

Several commissioners expressed reluctance to grant a broadband waiver at preliminary plat. "I have a hard time with the waiver for broadband because old school, it's actually public safety," said Commissioner (speaker identifying himself during the hearing). Planning staff clarified the regulation’s connectivity metric and said the commission could defer a decision on any waiver to final plat review. Commissioners voted to approve the preliminary plat while deferring the broadband waiver decision to final plat approval.

The commission’s motion to approve SPP25-20 passed with the conditions recommended by staff and with the explicit deferral of the broadband waiver to final plat. Staff reminded the developer that the county will require recorded deeds, purchased mitigation credits approved by the Corps and will-serve letters before final plat or construction permits are issued.

Notes: Staff estimated wetland impacts at approximately 3.5 acres and noted approximately 3.6 acres of preserved usable open space for amenities that include a sporting club, marina facilities and piers. Private roads will be developed as privately maintained and require county-commission approval for private-road status.