Orange Beach extends multifamily moratorium, adopts 15-foot wetlands setback moratorium

Orange Beach’s City Council on Nov. 18 approved two temporary moratorium measures: an extension of a moratorium on consideration of certain multifamily residential projects and a separate ordinance placing a temporary moratorium on development within 15 feet of wetlands and on using wetland acreage in density calculations.

Mayor Kenning told the council he hoped the wetlands questions could be moved along more quickly while multifamily issues might require more time because of the policy complexity and associated costs: “When it comes to the wetlands, we'd like to move quicker and try to get that issue settled sooner rather than later. But the multifamily issue may take some time to sort out, all the cost that goes along with possible density changes,” he said.

During public comment, builder Ken Vicens asked council to reconsider the proposed 15-foot setback for wetlands on residential lots, arguing it would be burdensome to many lot owners and builders and asking that the rule be shortened or voided for residential lots. He told the council the change would “create a burden on on many other lot owners and builders” and urged either a shorter distance or an exemption for residential properties.

Council members acknowledged the concern for small RS1 lots and said staff would look at options to accommodate residential situations while moving forward on the overall moratorium. The council voted by roll call to suspend rules for immediate consideration and adopted the wetlands moratorium and the multifamily extension; the recorded votes were unanimous.

What’s next: council directed staff to refine language and consider carve-outs for affected small residential lots and to move forward with next steps for wetlands policy. Developers and affected homeowners should expect follow-up from Community Development on specific exemptions or clarifications.