Orange Beach council sends contested Tannen Town Center rezoning to first reading after residents raise title and setback concerns

The Orange Beach City Council on April 15 moved a developer's request to re-designate Lot 1 in the Village of Tannen Town Center from special-purpose use to single-family residential to a first reading while legal staff reviews competing claims to the property.

The proposal, presented by a planning representative identified in the meeting as Griffin, would change the parcel's PUD designation to permit three elevated single-family dwellings with footprints of roughly 1,500 square feet, four bedrooms each and parking under the structures. Griffin said the designs were revised during plan review to meet a minimum 6-foot building-code setback.

The request drew sharply divided public comment. Nick Patty, representing the Village of Tannen Association, told the council that "the owner and the use of this property is in dispute right now" and said there are two lawsuits pending in Baldwin County Circuit Court over ownership and the lot's intended community purpose. Longtime residents argued the parcel had been marketed as special use for community facilities, and raised concerns about infrastructure and wetlands flooding if the site were redeveloped.

A contractor working for the developers said the current owners purchased the land months earlier, engaged an architect and were advised during plan development that a PD modification was an appropriate path. The contractor said the building plans were altered to meet the minimum code setbacks after planning and building review.

Mayor (speaker 1) framed the council's legal constraint: "if it meets the application process, and if the applicant has clear title and deed to the property, they have the right to apply to us." He and multiple councilmembers said they were reluctant to substitute judicial determinations for the city's application process, but that legal counsel should review the litigation and related documents before a final vote.

After public comment and internal discussion about setbacks, density, HUD designations and whether the contested letter from a prior mayor created a binding obligation, the council agreed to carry the item to first reading to allow staff and the city's legal team to advise on title, covenant and procedural implications.

The council listed the item on the next public hearing docket (first reading scheduled for May 6, 2025) so that the city attorney and staff can meet with the applicants and affected residents before a second reading or final action.

Outcome and next steps: The council advanced the PD modification to first reading and asked legal staff to review pending litigation and title documentation; no rezoning or final approval was granted at this meeting.