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Home My WebLink About11-06-2025 Planning Commission Agenda Packet Council Chambers, Fairhope Municipal Complex, 161 N Section St For more information, please visit: fairhopeal.gov/departments/planning-and-zoning Sherry Sullivan Mayor Council Members Andrea F. Booth Jack Burrell, ACMO Jimmy Conyers Joshua N. Gammon Jay Robinson Lisa A. Hanks, MMC City Clerk Kimberly Creech City Treasurer Fairhope Planning Commission Agenda November 6, 2025 – 5:00 PM 1. CALL TO ORDER Lee Turner, Chairman Paul Fontenot Rebecca Bryant, Vice Chairman Kim McCormick Cindy Beaudreau, Secretary John Worsham Harry Kohler Erik Cortinas Hollie MacKellar Jimmy Conyers (CC) (CC) City Council Representative 2. CONSENT AGENDA • Approval of Minutes – October 6, 2025 • Approval of Amended 2026 Meeting Schedule • UR 25.13 Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 20,984 LF of buried cable at 9148 Fairhope Avenue. 3. REGULAR AGENDA OLD BUSINESS ZC 25.06 8505 County Road 34 NEW BUSINESS A. ZC 25.10 Public hearing to consider the request of the Applicant, S.E. Civil, on behalf of the Owner, FST Bonnie Baker, to rezone property from R-A, Residential/Agriculture District to R-1, Low Density Single-Family Residential District. The property is approximately 10 acres and is located at 19763 State Highway 181. PPIN #: 15456 4. ADJOURN October 6, 2025 Planning Commission Minutes The Planning Commission met Monday, October 6, 2025, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Rebecca Bryant; Kevin Boone; John Worsham; Paul Fontenot; Kim McCormick; Hunter Simmons, Planning and Zoning Director; Mike Jeffries, Development Services Manager; Payton Rogers, Planning and Zoning Manager; Chris Williams, City Attorney, and Cindy Beaudreau, Planning Clerk. Absent: Lee Turner; Hollie MacKellar; Harry Kohler and Erik Cortinas Vice-Chair Bryant called the meeting to order at 5:03 PM. Vice-Chair Bryant amended the agenda to move item A to the end. Consent Agenda • Approval of the Minutes September 4, 2025 John Worsham made a motion to approve the consent agenda including the minutes. Kim McCormick seconded the motion and the motion carried unanimously with the following vote: AYE: Rebecca Bryant; Kevin Boone; John Worsham; Paul Fontenot; Kim McCormick Nay: None • Approval of 2026 Meeting Schedule Kim McCormick made a motion to approve the 2026 Meeting Schedule. John Worsham seconded the motion and the motion carried unanimously with the following vote: AYE: Rebecca Bryant; Kevin Boone; John Worsham; Paul Fontenot; Kim McCormick Nay: None • UR 25.12 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 13,479 LF of fiber cable at 539 Salem Street. Mike Jeffries, Development Services Manager, presented the request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of approximately 13,479 LF of fiber cable at 539 Salem Street. Mr. Jeffries shared the zoning map and aerial map. Staff recommends approval of UR 25.12 with the following conditions: 1. A pre-construction meeting shall be held with the City prior to issuance of any permits. October 6, 2025 Planning Commission Minutes 2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. 3. At all street crossing locations, conduct potholing to determine exact location and elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole locations on a set of as-built drawings. a. An additional right-of-way permit may be required for the potholing procedures. 4. Follow-up activities below required by staff and the applicant: a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be submitted to the GIS technician for inclusion in GIS utility maps. 5. Provide draft door hanger for approval at time of pre-construction. 6. Approved door hangers shall be in place no later than 7 days prior to construction. 7. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 8. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 9. Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day). 10. Utilities boxes shall be concentrated near existing boxes. 11. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. John Worsham made a motion to approve the UR 25.12 with staff recommendations. Kim McCormick seconded the motion and the motion carried unanimously with the following vote: AYE: Rebecca Bryant; Kevin Boone; John Worsham; Paul Fontenot; Kim McCormick Nay: None Old Business • ZC 25.06 8505 County Road 34 – no updates New Business B. SR 25.05 Request of the Applicant, Chris Lieb, on behalf of the Owner, Wendelta Property Holdings LLC, for Site Plan Approval of Wendy’s Fairhope. The property is approximately 1.07 acres and is zoned B-2 – General Business District. The property is located on Lot 1 of Rockwell Place on State Highway 181 north of State Highway 104. PPIN #: 625448 Payton Rogers, Planning and Zoning Manager, presented the request of the Applicant, Chris Lieb, on behalf of the Owner, Wendelta Property Holdings LLC, for Site Plan Approval of Wendy’s Fairhope. The property is approximately 1.07 acres and is zoned B-2 – General Business District. The property is located on Lot 1 of Rockwell Place on State Highway 181 north of State Highway 104. Mr. Rogers shared the zoning map and aerial map. October 6, 2025 Planning Commission Minutes Staff recommends approval of SR 25.05 to City Council with the following conditions: 1. Add pervious parking per Article IV, Section E.4.c(2) – at least three (3) spaces. 2. Coordination with City Horticulturalist on submittal of a compliant tree and landscaping plan. 3. All signage shall conform to the Sign Ordinance. Chris Lieb, Lieb Engineering, will coordinate with Will Mastin to ensure landscaping is compliant and will address parking issues. Mr. Lieb will resubmit plans prior to the City Council meeting. Ms. Bryant suggested making a run of pervious parking spaces. Mr. Lieb agreed. Mr. Fontenot agreed to review the landscaping. John Worsham made a motion to recommend approval of SR 25.05 to City Council with staff recommendations. Kim McCormick seconded the motion and the motion carried unanimously with the following vote: AYE: Rebecca Bryant; Kevin Boone; John Worsham; Paul Fontenot; Kim McCormick Nay: None C. SR 25.07 Request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Planters Pointe Partners LLC, for Site Plan Approval of Advanced Auto Parts. The property is approximately 1.09 acres and is zoned B-2 – General Business District. The property is located on Lot 9 of the Planters Pointe Development on the northwest corner of State Highway 181 and State Highway 104. PPIN #: 626314 Paul Marcinko, Jade Consulting, asked to table this item indefinitely. Kim McCormick made a motion to table SR 25.07 indefinitely per applicant’s request. John Worsham seconded the motion and the motion carried unanimously with the following vote: AYE: Rebecca Bryant; Kevin Boone; John Worsham; Paul Fontenot; Kim McCormick Nay: None D. ZC 25.09 Public hearing to consider the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Achee Properties, for conditional annexation to R-1, Low Density Single-Family Residential District for Hill Top North. The property is approximately 14 acres and is located at 6796 Twin Beech Road. PPIN #: 3747 Payton Rogers, Planning and Zoning Manager, presented the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Achee Properties, for conditional annexation to R-1, Low Density Single- Family Residential District for Hill Top North. The property is approximately 14 acres and is located at 6796 Twin Beech Road. Mr. Rogers shared the zoning map and aerial map. October 6, 2025 Planning Commission Minutes Staff recommends approval of ZC 25.09 to City Council. Paul Marcinko, Jade Consulting, stated that staff explained everything properly. Vice-Chair Bryant opened the public hearing at 5:23pm. Dianna Tillery, 21685 Veranda Boulevard, wanted to confirm that this is only zoning approval at this point. Willie Smith, 6840 Twin Beech Road, is concerned about annexation, drainage, including water run- off, and traffic. John Scarorough, 6837 Petiole, wants to make it clear that this project is not a part of Hill Top. The public hearing was closed at 5:37pm. John Worsham made a motion to recommend approval of ZC 25.09 to City Council. Kevin Boone seconded the motion and the motion carried unanimously with the following vote: AYE: Rebecca Bryant; Kevin Boone; John Worsham; Paul Fontenot; Kim McCormick Nay: None A. IR 25.01 Request of the Applicant, Core Development and Construction of Alabama, LLC, for an Informal Review of Colony Village. Hunter Simmons, Planning and Zoning Director, explained the purpose of an Informal Review. Rebecca Bryant noted that she has discussed this with Christian Preus. Christina Preus presented a slide show of Colony Village. John Worsham asked if this will connect to the commercial property at State Highways 181 and 104. Mr. Preus stated yes. Rebecca Bryant asked what percentage is alley fed. Mr. Preus stated approximately 70%. John Worsham asked which roads will have rights-of-way. Mr. Preus shared the presentation and showed that each unit will have a garage with visitor parking in the back. Mr. Worsham stated that he does not believe there is enough space for utilities in the rights-of-way. Mr. Preus plans to use the alleys. Rebecca Bryant appreciates the wetlands being considered as greenspace. Hunter Simmons stated that there is a lot to like about the project but is concerned about the lot sizes. John Worsham asked for the setbacks. Mr. Preus explained the setbacks. October 6, 2025 Planning Commission Minutes Kim McCormick is concerned about the density but likes the walkability and the greenspace. Public Forum Ben Gould, 21735 Pillars Street, shared a presentation related to Colony Village and the surrounding properties and stated that Colony Village does not match the character of the area. Mr. Gould showed the Pensacola Branch of Fisk River on Colony Village property. Mr. Gould is also concerned about the number of cars that will be associated with Colony Village. Bobby Rizzuto, 21482 Roundhouse Road, shared his concerns about flooding and the impact to wetlands. Mr. Rizzuto stated there is no need for additional density at the site and requested that the density be reduced. Sissy Hawkins, 11567 Branchwood Drive, does not agree with Colony Village and would like to maintain a rural environment. Mr. Hawkins shared her concerns about water and parking. Dianna Tillery, 21685 Veranda Boulevard, moved here because of the greenery and is concerned with the density and traffic. Dan Rubel, 21933 Veranda Boulevard, commended Colony Village about amending the plan based on comments received but is concerned with the ability to sell the homes in Colony Village. Peggy Allen, 10974 Catania Avenue, shared her concern regarding the increase of students to the school district. Gary Little, 11010 Catania Avenue, shared his concern with the growth and how many components in Colony Village conflict with the City’s Comprehensive Plan. Mr. Little would like less density to fit the character of the community. Daniel Wilson, 10974 Catania Avenue, shared his concern with density, traffic and kids running between the parallel parking. Gary Gover, 300 Lincoln Street, shared his concern with access and alternative transportation at State Highways 181 and 104. Mr. Gover stated that the highways trap people who want to bike and use low- speed vehicles. Mr. Gover asked that internal roads inside development and external public roads be considered. Bob Allen requested that an emphasis on expanding bicycle trails be shared with the county. Hunter Simmons, Planning and Zoning Director, stated that there is cooperation between the city and other municipalities and that multi-use paths have been added in State Highways 181 and 104 developments. Mr. Simmons listed several projects in the works with the city. Aaron Touchstone, 10872 Atrium Avenue, asked about a plan from State Highway 181 to State Highway 59. October 6, 2025 Planning Commission Minutes Anderson Reed stated that he is looking for a blended neighborhood and compared The Verandas to Colony Village. He believes that Colony Village will be a more affordable neighborhood. Adjournment John Worsham made a motion to adjourn. AYE: Rebecca Bryant; Kevin Boone; John Worsham; Paul Fontenot; Kim McCormick Nay: None Adjourned at 6:55pm. _______________________ ________________________ Lee Turner, Chairman Cindy Beaudreau, Secretary FAIRHOPE PLANNING COMMISSION DEADLINES 2026 AGENDA IS SUBJECT TO CHANGE BY PLANNING COMMISSION Meeting Date, 5:00 PM Submittal Deadline, 9:00 AM Monday, January 5, 2026 Tuesday, November 25, 2025 Monday, February 2, 2026 Tuesday, December 23, 2025 Monday, March 2, 2026 Tuesday, January 20, 2026 Monday, April 6, 2026 Tuesday, February 24, 2026 Monday, May 4, 2026 Tuesday, March 24, 2026 Monday, June 1, 2026 Tuesday, April 28, 2026 Monday, July 6, 2026 Tuesday, May 26, 2026 Monday, August 3, 2026 Tuesday, June 23, 2026 Thursday, September 10, 2026 *Moved due to Labor Day Holiday Tuesday, July 28, 2026 Monday, October 5, 2026 Tuesday, August 25, 2026 Monday, November 2, 2026 Tuesday, September 22, 2026 Monday, December 7, 2026 Tuesday, October 27, 2026 Monday, January 4, 2027 Monday, November 24, 2026 PLANNING COMMISSION MEETINGS ARE HELD IN THE COUNCIL CHAMBERS, FAIRHOPE MUNICIPAL COMPLEX AT 161 N. SECTION STREET. IT IS THE RESPONSIBILITY OF THE APPLICANT TO SEE THAT ALL SUBMITTALS ARE MADE IN A COMPLETE AND TIMELY SEQUENCE, AND TO HAVE THE CASE PRESENTED BEFORE THE COMMISSION AT SCHEDULED MEETINGS. **INCOMPLETE SUBMITTALS WILL NOT BE PLACED ON THE AGENDA.** City of Fairhope Planning Commission November 6, 2025 UR 25.13 -9148 Fairhope Avenue Project Name: 9148 Fa i rhop e Avenue Site Data : 20,984 LF of buried cable Project T~e: Installation of 20,984 LF of buried cable Jurisdiction: Fairhope Planning Ju r isdictio n Zonina District: N/A PPIN Number: N/A General Location: County Road 13 , Fa i rhope Ave, Morphy Ave .._ -- Surver_or ot Record: N/A Engineer o[Record: N/A Owner I Develooer: AT&T School District: Fairhope Elementary School Fairhope Middle and High Schools Recommendation: Approved w/ Cond ition s ,____,_,._ ____ -- Pre~ared b~: Name - D 8·2 General Business District -B-lb Tourist Resort Commercial -B-4 Business and Professional District D M·l Light Industrial District R-3 Hi gh Density Single-Family D R-3 PGH High Density Single-Family D RA • Residential/ Agriculture District LJ Parcel Construction Area UR 25.13 – 9148 Fairhope Avenue November 6, 2025 Page 1 of 4 SUMMARY OF REQUEST Request of AT&T for an 11.52.11 Utility Review and approval of the proposed installation of approximately 20,984 LF of buried cable at 9148 Fairhope Avenue. Locator Image STAFF COMMENTS The proposed utility construction falls within the corporate limits of the City of Fairhope. Any portions of the project affecting public right-of-way (ROW) maintained by Baldwin County or the Alabama Department of Transportation (ALDOT) shall require permits through the respective agency. This site shall comply with all State, Federal and local requirements, including, but not limited to the following City of Fairhope Ordinances: 1) City of Fairhope Wetland Ordinance (#1370), which regulates activity within 20' of wetlands; 2) City of Fairhope Red Soil & Clay Ordinance (#1423), which prohibits the use of red soil / clay within 100' of critical areas; 3) City of Fairhope Erosion and Sediment Control Ordinance (#1398); and 4) Chapter 19 Article VI: ROW Construction and Administration, Ordinance (1754). Permitting, Locating, and Phasing • Subsurface Utility Engineering may be required for sensitive locations within the city as required by the ROW supervisor. 0 rx:: n..l (/) PH AS E 4 .. FA IRHOPE -----AVE - PH ASE 3 - o l w PH ASE 7 ~• 6\: ~ "' ~HASE 6 MORPHY AV E----~-~-,!f "Z 'C,r,,---~-uO_R_P_H_Y_ A_V_E_ .......... CL .. ~~~-~-;----JiS'.~~r lY(E,AVE w : PHAS E 8 PH ASE 12 -------a (.'.) z ~ I I .. 0:: IQ:,: 0 :r >-I FLEMING RD O IQ'.'. Cl'.'. t-f-o , Vl O<t. (.'.) ,:(I) O O oo... Z O m z o O -' 3 3: w 6 • • :r • PHASE 1 UR 25.13 – 9148 Fairhope Avenue November 6, 2025 Page 2 of 4 • An additional right-of-way permit may be required for the potholing procedures needed for SUE. • A traffic control plan shall be submitted with all permits that affect the flow of traffic. • No work shall begin until a ROW permit is issued by the City of Fairhope Building Department. Permit not valid until approved and paid for on Citizen Serve online portal. • The City’s ROW inspector is to be notified 24 hours prior to any activity within the ROW. The prior notice applied to all activity within the ROW including but not limited to trenching, boring, concrete placement. • Hand holes/boxes shall not be allowed to be installed in sidewalks. The applicant shall review the sidewalk plan to determine if there are any conflicts. The applicant shall coordinate with the ROW inspector to resolve any conflicts. • The applicant shall contact Alabama One Call 811 to locate all existing utilities in the ROW (750 LF maximum daily allocation for COF utility locates per day). • A pre-construction meeting shall be held with the City prior to issuance of any permits. Construction • A minimum horizontal clearance (separation) of 36” must be maintained from water, sewer, gas, stormwater, and other city utility infrastructure. • A minimum depth for all telecommunication lines shall be 30”. • Conduit shall match the 811-color code for communication, electric, gas etc. No blue/blue striped conduit is to be used for telecommunications. • The contractor responsible for *excavating inside right of way will be required to provide video documentation of the integrity of any sanitary sewer line (including laterals) within 3 feet of work being performed. This can be videoed prior to work being performed if locations, including depths, are clearly established by contractor, and said work is not within 3 ft of sewer mains or laterals within right of way. This does not apply to laterals on private property not “publicly maintained” (Private infrastructure). • Water, sewer, and gas mains/services must be potholed prior to bore/missile crossings. If street cuts are necessary please contact Right of Way inspector for restoration. • If sidewalk panels need to be removed, the subgrade must be compacted to the satisfaction of the ROW inspector. Cold patch asphalt shall be used as a temporary walking surface until the permanent repair can be done. • Sidewalk panels shall be a minimum of 4000 psi and be inspected within 24 hours of pouring concrete. Anything over one sidewalk panel shall be poured via concrete truck (no bag mix allowed). Horticultural • Handholes shall not be located within driplines of trees within City property, to include the right of ways, without explicit written permission from the City Horticulturalist. • Any proposed trenching shall not be within the dripline of trees. • If within tree dripline, consult the City of Fairhope Horticulturist prior to earth work. • Trees shall not be negatively impacted. • Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. • Any work done within the critical root zone shall be done to meet or exceed Internal Society Arboriculture (ISA) standards. • All roots to be removed shall be severed cleanly at the perimeter of the protected radius. • Protective barriers shall be used for all trees, barricades shall be erected a minimum of 20’ from the trunk. UR 25.13 – 9148 Fairhope Avenue November 6, 2025 Page 3 of 4 Erosion Control • Any ROW cuts shall be stabilized (covered) at the end of each day & disturbed areas shall be re- vegetated with sod within ten (10) days of completion of the project. Sod shall be watered to ensure survival. • Any excess soil shall be removed and disposed of properly. Dumping on private property without approval will not be tolerated. • Mulch / seed shall only be acceptable as temporary cover. • Inlets shall be protected. BMPs shall be placed at all affected storm inlets. • If the site is within 100' of a critical area (wetland, etc.), red soil/clay shall not be allowed as fill material, per the City’s Red Clay/Soil Ordinance. • BMPs shall be installed at boring sites and trench locations. • Ground conditions in the ROW’s shall be returned to original preconstruction condition(s) or better. • No open trenches shall be allowed. Directional boring shall be used in sensitive areas, such as under roads, in proximity to trees, on finished lots, etc. Project Completion, Punch List Walk, and As-Built • The applicant shall provide as-built drawings of all installed lines depicting depths. • Damage to any City’s infrastructure (storm, sewer, water, ditches etc. shall be the responsibility of the permittee to repair to city standards at no cost to the city. • Any damage that occurs needs to be reported to the city as soon as possible. • Pedestals shall be placed in a manner as to avoid obstructing visibility of motorists and to allow vehicles to exit the roadway during an emergency. UR 25.13 – 9148 Fairhope Avenue November 6, 2025 Page 4 of 4 UTILITY REVIEW CONSIDERATIONS Standards of Review: Alabama Code Section 11-52-11 grants review authority to the Planning Commission for all proposed construction of utilities within public right-of-way. Recommendation: Staff recommends APPROVAL of UR 25.13 – 9148 Fairhope Avenue Utility Review with the following conditions: 1. A pre-construction meeting shall be held with the City prior to issuance of any permits. 2. Consultation with the City’s horticulturalist, to determine if the required depth of bore must be increased so that no trees are impacted by the project. The contractor is responsible for any damaged trees. 3. At all street crossing locations, conduct potholing to determine exact location and elevation of existing utilities. Reflect the exact elevation of utilities and GPS coordinates of the pothole locations on a set of as-built drawings. a. An additional right-of-way permit may be required for the potholing procedures. 4. Follow-up activities below required by staff and the applicant: a. Upon satisfactory review and approval by ROW Construction Inspector, as-builts will be submitted to the GIS technician for inclusion in GIS utility maps. 5. Provide draft door hanger for approval at time of pre-construction. 6. Approved door hangers shall be in place no later than 7 days prior to construction. 7. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work. 8. Ensure enough space for proposed work is available within existing easement, if not applicant is responsible for either expanding existing easement or acquiring an additional easement. 9. Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day). 10. Utilities boxes shall be concentrated near existing boxes. 11. For permitting purposes, applicants shall provide subsurface utility engineering quality-level C, unless otherwise required by the Fairhope Building Department. VICINITY MAP JOB ID - A0599XC WORK LOCATION SCALE: N/A B BBBB B B B B B PHASE 1 FAIRHOPE AVE 0 ~I r I s I o_ I I I (J) I ~I WI (J): PHASE 9 =1 : ml ~I PHASE 5 PHASE 7 ~ (!)Zl"J ~ :) ..----- WO l muo O'-.....___~ 0 ~ PHASE 2 UI ------______ 1 ------.---..-c::==------MORPHY AVE 0 1~ ~~~~ MORPHY~~A-V_E __ ..... : ... ------1 ~ I I -1 w : PHASE 8 PHASE 12 -------~I o_ I I I I ~I I-I FLEMING RD : 0 1 0 1 (J) I 0 -------01 m ZI -1 s PHASE 1,...4 __ ------ PHASE 4 /_ FAIRHOPE ---------- AVE PHASE 3 HASE 6 MORPHY AVE 1-----,---------1------------~ I I I-I Z IW I (J) 1 W IG I \ > 10 :::::s:'.'. I Z \ ~ I~~ I ~ \ 1- IO~ I G \ 5(J) IQ o_ I z \ 0 IQ \ 0 -' 13: w _I 0 I NICHOL PECAN PARK PHASE 15 ENUE EXT PHASE 1 LEA BROOK ST ~ (!)Zl"J ~:) ..----- WO l muo O'-.....___~ 0 ~ I I I I I I HASE 17 PHASE 18 ii V HASE 19 Payton Rogers City of Fairhope Planning Commission November 6, 2025 ZC 25.10 -19763 State Highway 181 Project Name: 19763 St ate Highway 181 Site Data: Approximatel y 10 acres Project Tvoe: R-A, Residential/Agriculture District t o R- 1, Low Density Single-Family Residential Distri ct -Jurisdiction : Fai r hope Plan ning Jurisdiction Zonina District: R-A, Residential/Agriculture District PPIN N umber: - 154 56 General Location: Highway 181 west of Quail Creek Surve'f_or otRecord: S.E. Civil - Engineer ot Record: S.E. Civil Owner L Develoe,er: Bonnie Baker School District: Fai r hope Elementary School Fai r hope Middle and High Schools Recom m end ation: Approved Pre~ared bl£: --Road -B-4 Business and Professional D PUD -Planned Unit Development D R-1 Low Density Single-Family D R-2 Medium Density Single-Family D R-3 PGH High Density Single-Family D R-6 Mobile Ho me Par k District D RA • Residential / Agriculture District LJ Parcel D Corporate Limit ZC 25.10 – 19763 State Highway 181 November 6, 2025 Page 1 of 5 SUMMARY OF REQUEST Public hearing to consider the request of the Applicant, S.E. Civil, on behalf of the Owner, FST Bonnie Baker, to rezone property from R-A, Residential/Agriculture District to R-1, Low Density Single-Family Residential District. The property is approximately 10 acres and is located at 19763 State Highway 181. SITE HISTORY The property consists of one (1) metes-and-bounds parcel originally developed for residential and agricultural uses. There have been no Planning Commission or Board of Adjustment applications associated with the site. STAFF COMMENTS The applicant requests rezoning of the property to allow for future redevelopment of the site for a low density single-family residential subdivision. The subject site is currently zoned R-A, Residential/Agriculture District and is developed with one (1) single-family dwelling and a number of accessory structures. Additional details and the full application are available at the end of this report. The site is bordered by properties zoned R-A, Residential/Agriculture District, to the north; R-3 PGH, High Density Single-Family Patio/Garden Home Residential District and B-2, Local Business District (Baldwin County), to the east; R-2, Medium Density Single-Family Residential District and R-6, Mobile Home Park District, to the south; and R-6, Mobile Home Park District, to the west. Surrounding land uses along this section of State Highway 181 consist primarily of a mix of low and high density residential. The East side of 181, within Baldwin County jurisdiction, includes a mix of commercial uses such as automotive wholesale, HVAC repair, home improvement, and aluminum fabrication. The abutting property to the west is developed with the Magnolia Pointe mobile-home park. A survey illustrating all existing site improvements was submitted in lieu of a site plan as rezoning requests are not site-plan specific. It’s important to note that any potential redevelopment of the subject site would be subject to full compliance with all standards as detailed within the Subdivision Regulations. Article III of the City of Fairhope Zoning Ordinance defines R -1 Districts as, “intended to provide choices of low-density suburban residential environment consisting of single-family homes on large parcels of land...”. At 10± acres the subject site far exceeds the minimum lot area required of properties within R -1 zoned districts. However, it should be noted that any future lots developed out of a subdivision of the property will likewise be required to comply with current development standards, thus limiting said lots to a minimum lot area of 15,000 square feet. Article III details specific lot dimensional standards (below) and allowable Uses (exhibits at end of report). ZC 25.10 – 19763 State Highway 181 November 6, 2025 Page 2 of 5 Excerpt from Table 3-2: Dimension Table – Lots and Principle Structure Dimension District or Use Min. Lot Area / Allowed Units Per Acre (UPA) Min. Lot Width Front Setback Rear Setback Side Setback Street Side Setback Max. Total Lot Coverage by All Structures Max. Height R-1 15,000 s.f./ - 100’ 40’ 35’ 10’ b 20’ 40% 30’ a The request is consistent with the City of Fairhope Comprehensive Plan place type designation of “Suburban Residential”. A full description of this Place Type has been included as an exhibit at the end of this report . Given the historical and proposed use of the property for low density single -family residential, and the prevalence of similar uses along this segment of State Highway 181, staff is in support of the proposal. Citizen Comments During the public comment period staff received one (1) comment from a neighboring property owner. Their complete comments are included within the application materials attached to this report. In summary, they appear to be most concerned with the amount of development within Fairhope in general and its effect on utility infrastructure and wildlife. With regard to the utility comment, any future development of the property shall be required to comply with all current development and utility standards, at time of Subdivision application and permitting. ZC 25.10 – 19763 State Highway 181 November 6, 2025 Page 3 of 5 REZONING CONSIDERATIONS Standards of Review: The Zoning Ordinance and its associated zoning map are derived from long-range comprehensive planning studies intended to promote orderly, desirable development. Casual or unsupported amendments to the Zoning Ordinance can undermine this purpose. Therefore, rezoning requests are evaluated according to the following criteria: 1. Compliance with the Comprehensive Plan; 2. Compliance with the standards, goals, and intent of this ordinance; 3. The character of the surrounding property, including any pending development activity; 4. Adequacy of public infrastructure to support the proposed development; 5. Impacts on natural resources, including existing conditions and ongoing post-development conditions; 6. Compliance with other laws and regulations of the City; 7. Compliance with other applicable laws and regulations of other jurisdictions; 8. Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and 9. Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. Recommendation: Staff recommends APPROVAL of ZC 25.10 – 19763 State Highway 181, request to rezone property from R-A, Residential/Agriculture District to R-1, Low Density Single-Family Residential District. EXHIBITS ZC 25.10 – 19763 State Highway 181 November 6, 2025 Page 4 of 5 Excerpt from Table 3-1: Use Table Zoning Districts R-1 (a, b, c) Zoning Districts R-1 (a, b, c) Use Categories / Specific Uses Use Categories / Specific Uses Dwelling Service Single-Family ● Convalescent or Nursing Home ○ Two-family Clinic ○ Townhouse Outdoor Recreation Facility ○ Patio Home Day Care ○ Multiple-family / Apartment General Personal Services Manufactured Home Mortuary or Funeral Home Mixed-use Automobile Repair Accessory Dwelling Indoor Recreation Estate Dry Cleaner / Laundry Civic Personal Storage Elementary School ● Bed & Breakfast Secondary School ● Hotel / Motel Education Facility ● Boarding House or Dormitory Library ● Recreational Vehicle Park Place of Worship Restaurant Cemetery ○ Bar Hospital Entertainment Venue Public Open Space ● Marina Common Open Space ● Kennel or Animal Hospital Community Center or Club ○ Warehouse Public Utility ○ Junk Yard or Salvage Yard Office Manufacturing General Limited Professional Light Home Occupation э General Retail Food Processing Grocery Rural Convenience Store Agriculture General Merchandise Rural Market Shopping Center Plant Nursery Automobile Service Station Outdoor Sales Limited Outdoor Sales Lot Garden Center ● = Allowed By-Right Э = Special Conditions ○ = On Appeal EXHIBITS ZC 25.10 – 19763 State Highway 181 November 6, 2025 Page 5 of 5 These primarily res identia l areas generally have the largest lot sizes for si ngle -ami ly detached houses in Fairhope . Development Density nd Form Lots i n these areas are generally between one-quarter and one-third of an acre, with some even greater. M i nimum lot widths are 75 to 100 feet, and min i mum front setbacks are 30 to 40 feet. This Place Type i s suburban in form and character, i ncluding re latively generous setbacks for houses . Key plan n ing objectives for these areas include preservati on of sensitive natural eatures , provision of usable common open space, strong multi-modal connectiv ity within and between developments, and avo iding a "garagescape " where streets are visually dom i nated by garages by encouraging rear or side-l oaded garages. Wh i le lots are typica ll y accessed by a front driveway, the visual impact of garages should be m i nimized by p l acing it at the rear of a lot, recess i ng it behind the front facade if the garage doors face the street, or turning it so that the garage doors do no face the s reet. Geographi rm This Place Type is expans ive and has ir regu lar geograph ic forms , although boundar i es are typ ically rectilinear g iven that they are dictated by roads and l inear property li nes . Prima and u~ s Primary lan d uses for t his Place Type are si ngle -fami ly detached houses and any ancillary uses, including outbuild i ngs and i nstituti onal uses that support resident ial ne i ghborhoods. Page 4 of6 APPLICATION FOR ZONING DISTRICT CHANGE Property Owner / Leaseholder Information Name: BONNIE BAKER Phone Number: Street Address: 19763 STATE HIGHWAY 181 City: FAIRHOPE State: AL. Zip: _3_65_3_2 ______ _ Applicant / Agent Information If ffen•nt frcnu abovt No,ru ,.d t~tl("J [ ,,, ,v r:r -nt--r ii.,, (jL t , 1 »11, 11 11,1 Ul-ed for n:Jn-<"St'Tltation Name: AARON COLLINS Phone Number: 251-990-6566 -----------Street Address: 9969 WINDMILL ROAD City: FA IRHOPE State: AL Zip: _3_65_3_2 ______ _ Current Zoning of Property: _R_-A_-_R_e_si_d_en_t _ia_llA_g_ri_cu_l_tu_re_D_i_st_ict __________ _ Proposed Zoning/Use of the Property: R-1 Low Density Single-Family Residential District Property Address: 19763 STATE HIGHWAY 181 Parcel Number: 0S-46-05-22-0-000-001 .5 13 Property Legal Description: _A_TT_A_C_H_E_D ________________ _ Reason for Zoning Change: We are requesting the change for a low density single fami ly subdivision consiting of 17-15 ,000 sf lots. Property Map Attached Metes and Bounds Description Attached Names and Address of all Real Property Owners NO NO within 300 Feet of Above Described Property Attached . NO Character of Improvements to t he Property and Approximate Construction Date: We anticipate construction to begin on the 17 single family lots in July of 2026. Zoning Fee Calculation: Re erence: Or ance 1269 I certify that I am the property owner /leaseholder of t he above described property and hereby submit this applicat ion to the City for review. *If property is owned by Fairhope Single Tax Corp. an authorized Single Tax represent ative shall sign this application . Aaron Collins (Agent) 4 ~It,, S . {;,g~ Property Owner/Leaseholder Printed Name Date Fairho e Single Tax Corp. (If Applicable) ~ &111 6-b:u1 /ds-rM.,IlL ~PS~ To Whom It May Concern: AGENT AUTHORIZATION FORM FST BAKER BONN IE LYNN 19763 STATE HIGHWAY 181 FAIRHOPE, AL 36532 SE CIVIL LLC is hereby authorized to act as my agent In representing me before the City of Fairhope Plann ing Commission and City Council on all submittals related to: PID 05-46-05-22-0-000-001.513. Sincerely, Pri nt Name Signature State of A \a bo""'o.. County of \3l'd."°' 'I'\ :::::::::--,. Date I, the undersigned Notary Public in and fo r said County in said State, hereby certify that i;ol"'n ,e ~(e(" • whose name Is signed to the forego ing instrument, and who is known to me, acknowledged before me on this day that, be ing informed of the contents of the instrument, he executed the same voluntarily on the day the same bears date. Given under my hand and official notarial seal this I 0~ day of ~ ~ , 2025 . {SEA } ~ m ~ NOTARY PUBLIC My Comm iss ion Exp ire s: I O \ '<..b \ 20 2 ~ Legal Description PID 05-46-05-22-0-000-001.513 BEGINNING AT A 3 INCH SQUARE CONCRETE MONUMENT FOUND AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA, AND RUN THENCE NORTH 00 DEGREES 21 MINUTES 25 SECONDS EAST, A DISTANCE OF 330.55 FEET TO A ONE-HALF INCH OPEN TOP PIPE FOUND; THENCE RUN SOUTH 89 DEGREES 31 MINUTES 17 SECONDS EAST, A DISTANCE OF 1278.76 FEET TO A ONE INCH CRIMP TOP PIPE FOUND ON THE WEST RIGHT-OF-WAY OF STATE HIGHWAY 181; THENCE RUN SOUTH 00 DEGREES 29 MINUTES 47 SECONDS WEST, ALONG SAID WEST RIGHT-OF-WAY, A DISTANCE OF 332.85 FEET TO A 3 INCH SQUARE CONCRETE MONUMENT FOUND; THENCE DEPARTING SAID WEST RIGHT-OF-WAY, RUN SOUTH 89 DEGREES 50 MINUTES 46 SECONDS WEST, A DISTANCE OF 532.12 FEET TO A ONE-HALF INCH OPEN TOP PIPE FOUND; THENCE RUN NORTH 88 DEGREES 53 MINUTES 36 SECONDS WEST, A DISTANCE OF 745.91 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 9.83 ACRES, MORE OR LESS. 9.83 AC ±(ZONED RA) N 0 25 50 100 50 SCALE 0 GR I D SURVEYOR'S NOTES:FLOOD STATEMENT: LEGEND: OWNER INFORMATION: ZONING INFORMATION: SETBACKS: Civil (251) 990-6566 9969 WINDMILL ROADFAIRHOPE, AL 36532 Engineering& Surveying PROJ MGR SHEET FILE PROJECT SCALE DED TOWER HOMES 20251589 1" = 50' CHKD.JDG DRAWN ZJH (CA-1167) PROPERTY BOUNDARY SURVEY 1 OF 1 TOWER HOMES 24 X 36 T T ST A T E H I G H W A Y 1 8 1 (8 0 F T . P U B L I C R / W ) A S P H A L T AC AC POINT OF BEGINNING SURVEYOR'S CERTIFICATE QU A I L R U N S U B D I V I S I O N (S L I D E 1 7 7 5 - A ) SITE B AAMALA HL D E.DIEDAVI I HEREBY STATE THAT ALL PARTS OF THIS SURVEY AND DRAWING HAVE BEEN COMPLETED IN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR SURVEYING IN THE STATE OF ALABAMA TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF "THE SOUTH HALF (S 1/2) OF THE SOUTH HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1 / 4) OF THE NORTHEAST QUARTER (NE 1 / 4 ), LESS 40 FEET FOR ROAD ON EAST; SECTION 22, T6S, R2E. BALDWIN COUNTY, ALABAMA. LANDS OF TH£ FAIRHOPE SINGLE TAX CORPORATION." (COPIED FROM INSTRUMENT NUMBER 2171598) MOR E PARTICLJI ARI Y DESCRIB ED AS : ~ AT A J INCH SQUARE CONCRETE MONUMENT FOUND AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY , ALABAMA, AND RUN THENCE NORTH 00 DEGREES 21 MINUTES 25 SECONDS EAST , A DISTANCE OF 330 .55 FEET TO A ONE-HALF INCH OPEN TOP PIPE FOUND : THENCE RUN SOUTH 89 DEGREES 31 MINUTES 17 SECONDS EAST , A DISTANCE OF 1278.76 FEET TO A ONE INCH CRIMP TOP PIPE FOUND ON THE WEST RIGHT-OF-WAY OF STATE HIGHWAY 181 ; THENCE RUN SOUTH 00 DEGREES 29 MINUTES 47 SECONDS WEST , ALONG SAID WEST RIGHT -OF-WAY , A DISTANCE OF 332.85 FEET TO A 3 INCH SQUARE CONCRETE MONUMENT FOUND ; THENCE DEPARTING SAID WEST RIGHT -OF-WAY, RUN SOUTH 89 DEGREES 50 MINUTES 46 SECONDS WEST , A DISTANCE OF 532.12 FEET TO A ONE-HALF INCH OPEN TOP PIPE FOUND; THENCE RUN NORTH 8 8 DEGREES 53 MINUTES 36 SECONDS WEST, A DISTANCE OF 745.91 FEET TO THE POINT OF BEGINNING. TRACT CONTAINS 9 .83 ACRES , MORE OR LESS ~'"' (DESCRIPTION COMPOSED FROM PROBATE RECORDS AND • ~ ' AN ACTUAL FIELD SURVEY) •/ N0.290I. \•\ ~0-,.(~!" o,1v1o~Toii:Hc~11,~ii:C~s~~N0:~2so14o<:,-o :;i;/;025 \~/ SURVEY NOT VALID WITHOUT ORIGINAL SIGNATURE AND SEAL. □!>-~e-o!>-22-0-000-001 .!>e.i C,',RRIGA~o p:g:E2RJ:Es, LLC FAIRHOPE, AL 3e5J3 THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 2 EAST PARCELNUl,IB[R: 0!>-~6-05-22-0-000-00I ,5I~ KELLEY F THO~PSON, [TU X 1'192',1-A ST H.,.,, 18 1 FAIRHOPE. AL Je532 PARCELNUl,IBER: 05-48-05-22-0-000-007 .M9 CARRIGA;O P:g:EfJ\ES, LLC FAIRHOPE, AL JMJ3 1 THERE lilAY BE RECORDED OR UNRECORDED DEEDS, EASEl,lrnTS, RIGHT-OF-WAYS, OR OTI-ffR INSTRUl,lrnTS WrllCH COULD AFFECT THE BOUNDARIES OF SAID PROPERTIES, 2 THERE WAS NO ATTEl,IPT TO DETERl,IINE THE EXISTrnCE, LOCATION , OR EXTENT OF ANY SUB-SURFACE FEATURES. 3 SURYEY WAS CONDUCTED IN JUNE 2025, AND IS RECORDED IN AN ELECTRONIC FIELD BOOK 4, BEARINGS AND DISTANCES SHOWN HEREON WERE "COl,IPUTED" FROl,I ACTUAL FIELD TRA\IERSES, AI-.D ARE BASED ON STATE PLANE GRID, ALABAlilA ¥1£ST ZONE NAD83 (2011) USING GPS OBSERVATIONS 5 THE UTILITY INFORlilATION SHOWN HEREON WAS OBTAINED BY FIELD LOCATING AND PLOTTING THE YISIBLE ABOVE GROUND UTILITY FEATURES 6 SURYEY COI-.DUCTED USING I1-.STRUlilENT NUl,IBERS 2171598, PROBATE RECORDS. BALD\lilN COUNTY, ALABAlilA, NO TITLE SEARCH OR REPORT WAS PROVIDED FOR THIS SURVEY 7 FENCES SHO.,.... ARE CONSIDERED TO BE ON THE PROPERTY LINE UNLESS Dll,lrnSIONED HEREC,., 25'BSL CEI IJ El f S: 46-05-22-0-000-007 .513 ""1,IB, BONNIE LYNN BAKER 1 ~7153 STATE HIGHWAY 18 l FAIRHOPE, AL 36532 PROPERTY LIES IN FLOOD ZONE "X'' (UNSHADED), ZONE "X" (SHADED). AS SCALED FROlil FLOOD INSURANCE RATE l,IAP NUI.IBERS 01003C06631,1, CQl,ll,IUNITY NUl,IB[R 01000 6, PANELS 0715 AND 0663, SUFFIX '),{', MAP REYISED DATE APRIL 19 , 2019 . CURRENT CITY OF FAIRHOPE ZONING RESIDENTIAL-AGRICULTURE DISTRICT (RA) REAR 75 FEET l"CRIMPTOP PIPEFOUNO ~ "' "' . "' I , . " I f /i_.,,--;WOOO FRAME L_J SHEDONSLAB -~~~----~--------I i ~ Ii~ METAL SHED L_____j ON SLAB METAL SHED ON SLAB PARCEL NUl,IB[R 05-46-0!>-22-0-000-001 .!>12 C,',M[RON ALLYN, CT AL 1',1725 HWY 181 FAIRHOPE. AL Je5J2 COVERED PORCH ' ' ___ 1_ ____ _ GRAVE{ DRIVEWAY -----------1----- ~· -·----j. ~------------_j -------------------.. i i i , -r' • PROPtRrY IS LOC,HEO 1H SECDON :n, rG'r'lf,/SH!P 6 sourH, R,A,HGE 2 DA.ST, BMDWIN COUNTY. ,A,L,A,8,A,IJ,A,. (~C/NIT'r' IJ,A,P -NOT TO SCME) N00'05'09"E 30.04' N00"03'48 "£ 30.00 '(R) R/W = RIGHT-OF-WAY (R) = RECORD BEARING-DISTANCE -(W -= OVERHEAD POWER ~= FENCE ~ = FIRE HYDRANT □ = TELEPHONE PEDESTAL cu_, = POWER POLE D = AIR CONDITIONER r = MAILBOX ♦ = WOODEN POST 21 PARCELNUl,IB[R: 0!>-~6-06-2J-0-000-015 .000 PATRICl(STRACI( 23',loll GR ..... TDR LOXLEY, AL Je551 3 20 From:Connie Thompson To:planning Subject:Rezone request Date:Sunday, October 26, 2025 5:14:16 PM To whom it may concern: Why? Why do we need another housing project/ subdivision in Fairhope? Aren't there enough being built as there is? Fairhope is already overpopulated. I was born and raised here, and I have seen so many changes. Fairhope used to be a great place to live. Now, there are so many people in the area that the city has had to spend an unknown amount of money to replace the water, gas, and septic lines. And over the past several years, the city has had to send out notifications about reserving water. Maybe there is a reason for this. TOO many people in the area. The streets are already overrun with so much traffic. And it's not from people just visiting. Not to mention the wildlife. They have been chased out of their homes. They have not where else to go. We have so many deer that come in our yard every single day looking for food and a safe place to raise their babies. My family and I have lived on land ever since I was born. And over the years, we have had several gopher tortoise turtles. And if I'm not mistaken, they are now protected. Please correct me if I am wrong. The property located at 19763 State Highway 181, I ask you to please reconsider this rezone request. Thank you for your consideration. Connie M Thompson 19829A State Highway 181 Fairhope, Al. 36532 Ill