Baldwin County planning commission approves 3‑lot Orchard at Horseneck subdivision amid neighbor opposition

The Baldwin County Planning and Zoning Commission approved a preliminary plat for the Orchard at Horseneck, a three‑lot residential subdivision, after an extended public-comment period and discussion about restrictive covenants.

Staff presented the application as SPP26‑01, describing a 3‑lot resubdivision of an existing parcel in Planning District 5 that met the county’s subdivision regulations and included required drainage and driveway provisions. Staff recommended approval subject to standard conditions, including installation of a major residential shared driveway prior to final plat submittal.

Several neighbors and homeowners told the commission they opposed the subdivision because they had purchased properties in the neighborhood under restrictive covenants that, they said, limit additional subdivisions and limit structures per lot. A number of speakers described the neighborhood as a place where residents expected no further subdivisions and urged the commission to protect that character. One longtime resident said approving the plat would be “a floodgate” for further development.

Members of the applicant’s family, who said they intended the three lots for family members rather than a larger development, asked the commission to allow the project to proceed. Kim Wiggins, who identified herself as related to property owners, said the family sought only three small houses for immediate relatives and did not plan large-scale development.

Commission members and staff repeatedly told speakers that county approval is limited to whether the plat meets Baldwin County subdivision regulations. As the chair explained, “this actually meets the subdivision criteria for to be approved,” and neighbors’ objections based on restrictive covenants are enforceable through civil action, not by the commission. Staff warned that recording the plat is the step that would allow building permits to be sought; neighbors would have the opportunity to pursue civil remedies if they believed the covenants prohibited the subdivision.

After hearing the public comments and staff clarification on legal limits, a commissioner moved to approve SPP26‑01 subject to staff recommendations; the motion was seconded and carried by voice vote.

Next steps: if the property owner records the approved plat, the owners or neighbors may pursue or defend against civil enforcement of the restrictive covenants during any subsequent permitting or development steps. The commission’s approval only confirmed that the proposal met Baldwin County’s subdivision regulations and recording requirements.