HomeMy WebLinkAbout04-06-2026 Planning Commission MinutesFairhope Planning Commission Minutes
April 6, 2026 - 5:00 PM
ADMINISTRATIVE
The Planning Commission met Monday, April 6, 2026, at 5:00 PM at the City Municipal Complex, 161 N.
Section Street in the Council Chambers.
Present:
X Lee Turner, Chairman I I Paul Fontenot
X Rebecca Bryant, Vice Chairman X Kim McCormick
X Janine Saykes, Secretary X I John Worsham
X Harry Kohler Erik Cortinas
Hollie MacKellar X Jimmy Conyers (CC)
(CC) City Council Representative
Staff: Hunter Simmons, Planning and Zoning Director; Mike Jeffries, Development Services Manager;
Payton Rogers, Planning and Zoning Manager; Michelle Melton -Null, City Planner; Chris Williams, City
Attorney; and Janine Saykes, Planning Clerk.
Chairman Turner called the meeting to order at 5:02 PM.
Chairman Turner stated the Appointment of Planning Commission Secretary will be moved to New
Business, and current item A, ZC 26.01, regarding Building Height, will move to the end of the agenda.
Hunter Simmons, Planning and Zoning Director, gave an update regarding an ongoing issue with
Fraudulent/Suspicious Emails targeting Planning Commission cases.
CONSENT AGENDA
• Approval of the Minutes — March 2, 2026
• UR 26.01 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation
of 4,767 t LF of fiber cable at 401 Oak Avenue.
• UR 26.02 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation
of 10,863t LF of fiber cable at 167 Ettle Street.
• UR 26.03 03 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed
installation of 27,968t LF of fiber cable at 818 Fairhope Avenue.
• UR 26.04 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation
of 11,686t LF of fiber cable at 19362 County Road 13.
Mike Jeffries, Development Services Manager, presented the requests on behalf of the Applicant. Mr.
Jeffries shared the aerial maps for all four locations.
Staff recommends approval of all Utility Reviews with the following conditions:
1. A pre -construction meeting shall be held with the City prior to issuance of any permits;
2. Follow-up activities below required by staff and the applicant:
a. Upon satisfactory review and approval by ROW Construction Inspector, as -bunts will be
submitted to the GIS technician for inclusion in GIS utility maps;
3. Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work; and
4. Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day).
Fairhope Planning Commission Minutes —March 2, 2026
Jimmy Conyers made a motion to approve the consent agenda including the minutes.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Jimmy Conyers; Harry Kohler; Paul Fontenot, John Worsham, and
Kim McCormick
NAY: None
ABSTAIN: None
OLD BUSINESS
None
NEW BUSINESS
A. SD 26.07 Public hearing to consider the request of the Applicant, Geographic Consulting LLC, on
behalf of the Owner, Ross Wilson, for Preliminary and Final Plat approval of 150 N Section, a 3-unit
Multiple Occupancy Project on propertyzoned B-2, General Business District. The property is located
at 150 North Section Street and is 0.18t acres. PPIN #: 15235
Mike Jeffries, Development Service Manager, presented the request on behalf of the Applicant. Mr.
Jeffries shared the zoning and aerial maps as well as the proposed Unit Layout.
Staff recommends approval of SD 26.07150 N Section for Preliminary and Final Plat.
There were no questions for Staff.
Chairman Turner asked if the Applicant would like to speak. The Applicant had nothing to add.
Chairman Turner opened the public hearing at 5:10pm. The public hearing was closed at 5:10pm.
John Worsham made a motion to approve 26.07 150 N. Section for Preliminary and Final Plat.
Jimmy Conyers seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Paul Fontenot, John Worsham, Kim McCormick, and
Jimmy Conyers
NAY: None
ABSTAIN: None
B. SD 26.09 Public hearing to consider the request of the Applicant, SE Civil, LLC, on behalf of the
Owner, FST RW, LLC, for Preliminary and Final Plat approval of Vatan Mixed Use Development, a 9-
unit Multiple Occupancy Project on property zoned B-2, General Business District. The property is
located at 301 Magnolia Avenue and is 0.5f acres. PPIN #: 15164
Michelle Melton -Null, City Planner, presented the request on behalf of the Applicant. Ms. Melton -Null
shared the zoning and aerial maps as well as the proposed Final Plat.
Chris Williams, City Attorney, excused himself from the case.
Fairhope Planning Commission Minutes — April 6, 2026 2
Staff recommends approval of SD 26.09 Vatan Mixed Use Development MOP for Preliminary and Final
Plat with the following conditions:
1. Due to the circumstances of required sidewalks, the City's desire to protect Heritage Trees,
and requirements of the City's Zoning Ordinance, the Site Plan shall be reviewed by the City
Council as the final authority to determine a solution for any sidewalks that may conflict with
Heritage Trees. Final approval of this MOP is contingent on the approval of a revised Site Plan
that shall be approved by the City Council;
2. Developer shall coordinate the installation of sidewalks, if any, and any horizontal
construction within the ROW, with the Public Works Department to minimize disturbance to
the existing trees in the ROWs; and
3. Revision of Phasing Plan and Narrative that prioritizes installation of the landscaped amenity
area.
Chairman Turner asked if there were any questions for Staff. No questions were asked.
Dave Lavery, Engineer of Record for SE Civil, LLC, was available for questions.
Rebecca Bryant asked about the stairway landing that is close to the heritage trees, and what is the
solution if there is no sidewalk. Are they required for an egress? Mr. Lavery stated that he doesn'tthink
the landings are needed because they aren't a requirement. Owner, David Ryan, FST RW LLC,
responded that landings are needed because they are in front of residents' doors. The stairs can be
curved and relocated so the landingwon't impact the trees. Ms. Bryant stated that she would like the
same sensitivity applied to the landing area for the tree protection. Hunter Simmons, Planning and
Zoning Director, also stated that the one landing goes into the city right of way which could be a
liability.
Mr. Lavery asked Staff for condition #1 to be modified. He doesn't want to keep going back and forth
from City Council to the Planning Commission over the sidewalk. Chairman Turner stated the City
Attorney is not present and the Planning Commission does not have the right to wave sidewalks, only
City Council has that authority. There was more discussion regardingthe sidewalks and the members
will address it in the motion.
Chairman Turner opened the public hearing at 5:28pm. The public hearing was closed at 5:28pm.
Ms. Bryant asked who could work with the developer on the landings. Mr. Simmons said the Planning
Department, Building Department, and Public Works during the permitting process. Mr. Simmons
said if the sidewalks are removed, we might have to tweak the Hold Harmless agreement for liability.
Ms. Bryant asked if the stairs and landings would be part of the design process. Mr. Simmons said
yes, and before it's designed, they will need to know where the tree roots are.
Mr. Ryan said the stairs will be designed with theirtree expert, Gary Ickes, on site, to determine where
the roots are to protect them. Larry Smith SE Civil, LLC, said his concern is if City Council denied the
sidewalk waiver they would have to come back. They are trying to change condition #1 so they don't
have to come back. The Planning Committee members continued discussing the sidewalk issue
extensively.
Ms. Bryant made a motion to approve 26.09 Vatan Mixed Use Development MOP for Preliminary and
Final Plat with staff recommendations and subject to City Council not requiring sidewalks.
Kim McCormick seconded the motion and the motion carried unanimously with the following vote:
Fairhope Planning Commission Minutes — April 6, 2026 3
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Paul Fontenot, John Worsham, Kim McCormick, and
Jimmy Conyers
NAY: None
ABSTAIN: None
C. SD 26.10 Public hearing to consider the request of the Applicant, SE Civil, LLC, on behalf of the
Owner, Millrose Properties Alabama LLC, for Final Plat approval of Greenfields, an 81-lot Major
Subdivision on property zoned R-2, Medium Density Single -Family Residential District. The property
is located on the east side of County Road 13, north of County Road 32 and is 39.9t acres. PPIN #:
55265,41079
Michelle Melton -Null, City Planner, presented the request on behalf of the Applicant. Ms. Melton -Null
shared the zoning and aerial maps as well as the proposed Final Plat.
Staff recommends approval of SD 26.10 Greenfields Subdivision Final Plat with the following
conditions:
1. Completion of all follow-up activities and punch list items detailed within the Staff Report;
and
2. Include in the O&M Plan the wetlands, wetland buffers, and mulch trail and recording of the
O&M Plan with Baldwin County Probate.
Chairman Turner asked if there were any questions for Staff. No questions asked.
Larry Smith, Engineer of Record for SE Civil, LLC, was available for questions. He stated that they
are working on the punch list items.
Rebecca Bryant asked about the mulch trail and how long the adhesive would last. Paul Fontenot
stated it will not last longer than a year. Mike Jeffries stated the mulch path will eventually be
bordered by sod. Mr. Smith said this will be included in the O & M plan.
Chairman Turner opened the public hearing at 5:56pm. The public hearing was closed at 5:56pm.
John Worsham made a motion to approve SD 26.10 Greenfields for Final Plat with Staff
Recommendations.
Kim McCormick seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Paul Fontenot, John Worsham, Kim McCormick, and
Jimmy Conyers
NAY: None
ABSTAIN: None
D. SD 26.11 Public hearing to consider the request of the Applicant, Arthur Johnson, on behalf of the
Owner, Bonnie Baker, for Preliminary Plat approval of Stonevale, a 16-lot Major Subdivision on
property zoned R-1, Low Density Single -Family Residential District. The property is located on the
west side of Highway 181, south of Windmill Road and is 9.83t acres. PPIN #:15456
Fairhope Planning Commission Minutes — April 6, 2026 4
Mike Jeffries, Development Service Manager, presented the request on behalf of the Applicant. Mr.
Jeffries shared the zoning and aerial maps as well as the proposed Plat.
Staff recommends approval of SD 26.11 Stonevale Preliminary Plat with the following conditions:
1. Revision of the plat GENERAL NOTE 4 to reflect a 15' side and rear drainage and utility
easement;
2. Revision of the plat GENERAL NOTE 6 The FFE needs to be shown for each lot;
3. Replace the Planning Director signature blockwith the Planning Commission Signature block;
and
4. Reflect 16 lots on the plat. Currently shows 17.
Chairman Turner asked if there were any questions for Staff. Kim McCormick asked if the stubbed
street is where the cul-de-sac is now? Mr. Jeffries said yes, the cul-de-sac will be the future through
street.
Chairman Turner opened the public hearing at 6:02pm. The public hearing was closed at 6:02pm.
John Worsham made a motion to approve SD 26.11 Stonevale for Preliminary Plat with Staff
Recommendations.
Jimmy Conyers seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Paul Fontenot, John Worsham, Kim McCormick, and
Jimmy Conyers
NAY: None
ABSTAIN: None
E. Resolution 2026-02 Public hearing to consider the request of the City of Fairhope's Planning and
Zoning Department to accept Resolution 2026-02 adopting the temporary suspension of
consideration of certain residential multiple occupancy project and subdivision applications under
the City of Fairhope Subdivision Regulations as set forth in Ordinance 1859.
Hunter Simmons, Planning and Zoning Director, said this has been before the Committee twice
before. The City Council passed the suspension of certain applications and the Planning Commission
has adopted a related Resolution in support. The City Council extended the suspension to 120 days
while they work on the amendments.
Chairman Turner asked if there were any questions. No questions asked.
John Worsham made a motion to approve Resolution 2026-02.
Kim McCormick seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Paul Fontenot, John Worsham, Kim McCormick, and
Jimmy Conyers
NAY: None
ABSTAIN: None
F. Appointment of Planning Commission Secretary
John Worsham nominated Janine Saykes for Planning Commission Secretary.
Fairhope Planning Commission Minutes — April 6, 2026 5
Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Paul Fontenot, John Worsham, Kim McCormick, and
Jimmy Conyers
NAY: None
ABSTAIN: None
G. ZC 26.01 Discussion regarding proposed amendments to the City of Fairhope Zoning Ordinance
concerning building height. The City of Fairhope Planning and Zoning Department advises that this
item be considered for discussion only and recommends the Planning Commission continue
discussion of the proposed amendment for further study.
Hunter Simmons, Planning and Zoning Director, stated that up for discussion is the building height
amendment and other amendments that might relate to or be affected by a building height
amendment. Mr. Simmons also said that City Council has called a special meeting on April 20, 2026,
at 5:00pm to discuss additional Zoning amendments.
Mr. Simmons shared a presentation showing multiple definitions of the building heightfrom 1998 to
2017. Mr. Simmons discussed the existing Zoning Ordinance requirements as well as various
alternative methods for regulating building height and how to define where to measure from.
Additionally, Mr. Simmons discussed a potential steep slope ordinance.
Staff recommend ZC 26.01 be tabled for further discussion.
Chairman Turner opened the public hearing at 6:23pm.
Larry Smith, SE Civil LLC, stated on a large project like an MOP, you might need 20 feet of fill dirt and
if we limit measurements to the natural grade where the building sits, it might reduce the height to 10
feet from the front, depending on how much fill you have. Mr. Smith stated the CBD is very different
from the rest of the development in the city. I hope you consider that this is not limited to downtown
lots.
Mac Walcott, Fairhope resident, stated the appearance of houses that slope away from the street,
could bean aesthetic issue. He also said the city created a framework to build a pleasing downtown.
Mr. Walcott said it sounds like the Commission's stance on the character of downtown design
standards over the last thirty years is not acceptable and the Planning Commission is going to fix it.
Mr. Walcott stated it is contrary to how we got here. Chairman Turner did not agree, that is not what
they are saying. Mr. Turner stated they made a mistake seven years ago with the height standards.
What residents are concerned with downtown are the rooftop terraces and the flat roofs making
downtown lose its eclectic feel. Rebecca Bryant stated that it's not accurate to say there are set
design standards and that they are dictating architectural style. Ms. Bryant said they are urging the
eclectic design.
Mr. Turner reminded everyone that we are here today to discuss building heights.
Lucinda and Lewis Chappelle, 210 Gayfer Court: Mr. Chappelle said their property is depicted in one
of the slides. Their property is on a steep slope and the back ends in the Big Mouth Gully. The
Chappelle's are building an addition on to their home. Mr. Chappelle stated the height calculation
used today will only give them a twenty -foot house. The surveyor, architect, designer, and contractor
Fairhope Planning Commission Minutes —April 6, 2026 6
did not realize the impact of the Big Mouth Gully and they can't continue with the construction. They
have applied for a Variance through the Board of Adjustments.
Ryan Baker 460 Dogwood: Mr. Baker stated Spanish Fort, Baldwin County, and Daphne all have
similar building height definitions that measure on the slope roof structures to the mean, and all
starting off at the average or proposed grade. It is a helpful start. Figuring out the average grade of a
lot is very difficult and understanding where we're going to measure to is needed. Mr. Baker stated
the CBD only has 200 properties and the city has approximately 12,000 properties, which are two
separate issues. We need to solve the bigger problem.
Mac Walcott also stated the differences with all the different slopes and where you measure to
determine what it looks like from the street. Mr. Simmons stated the definition will dictate the
solutions. Mr. Walcottwould like to manage what we see from the street. There was more discussion
regarding measuring to the mean.
Chairman Turner closed the public hearing at 6:54pm.
John Worsham made a motion to table ZC 26.01 Building Height for further discussion.
Jimmy Conyers seconded the motion and the motion carried unanimously with the following vote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Paul Fontenot, John Worsham, Kim McCormick, and
Jimmy Conyers
NAY: None
ABSTAIN: None
ADJOURNMENT
John Worsham made a motion to adjourn.
The motion carried unanimously with thefollowingvote:
AYE: Lee Turner; Rebecca Bryant; Harry Kohler; Paul Fontenot, John Worsham, Kim McCormick, and
Jimmy Conyers
NAY: None
ABSTAIN: None
Adjourned at 6:55pm.
Lee Turner, Chairman
aine =aykes, Secretary
Fairhope Planning Commission Minutes — April 6, 2026 7