Loading...
HomeMy WebLinkAbout06-01-2026 Planning Commission MinutesFairhope Planning Commission Minutes June 1, 2026-5:00 PM ADMINISTRATIVE The Planning Commission met Monday, June 1, 2026, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: X Lee Turner, Chairman X Rebecca Bryant, Vice Chairman X Janine Saykes, Secretary X Harry Kohler X Hollie MacKellar (CC) City Council Representative X Paul Fontenot X Kim McCormick X John Worsham X Erik Cortinas X Jimmy Conyers (CC) 1 Staff: Mike Jeffries, Development Services Manager; Payton Rogers, Planning and Zoning Manager; Chris Williams, City Attorney; and Janine Saykes, Planning Clerk. Chairman Lee Turner called the meeting to order at 4:58pm. CONSENTAGENDA • Approval of the Minutes — May 4, 2026 John Worsham made a motion to approve the minutes. Harry Kohler seconded the motion and the motion carried with the following vote: AYE: Lee Turner, Paul Fontenot, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: Rebecca Bryant OLD BUSINESS A. SD 24.05 Request of the Applicant, Goodwyn Mills Cawood, on behalf of the Owner, Starlight Development, LLC, for a one-year extension for The Proper Townhomes, a 10-unit Multiple Occupancy Project zoned B-1, Local Shopping District. The property is located at the southwest corner of Young Street and Nichols Avenue and is 1.68± acres. PPIN#: 9585, 9601, 121255, 9602, 361754 Mike Jeffries, Development Services Manager, presented the request on behalf of the Applicant. Mr. Jeffries shared an aerial map and proposed site plan. This project was approved with conditions in July 2024 but no permits have been submitted to date. The project falls under the current suspension of certain Subdivision applications and will not be permitted for resubmission at this time. Also, various Zoning Amendments are currently pending before the City Council, and if approved as written, could make this project non -compliant. Chairman Turner asked the Applicant if she would like to speak. Ms. Melissa Hadley, representative for Goodwyn Mills Cawood was available for questions. Fairhope Planning Commission Minutes —June 1, 2026 Chairman Turner asked why nothing has been done to the property in two (2) years. Ms. Hadley responded there were financial problems and the unit costs were coming in too high. Ms. Hadley stated they needed additional time to select the right contractor. Chairman Turner stated this is an unprecedented case because no work has been done yet. Erik Cortinas stated most cases that were granted extensions were after work had started and they needed more time to finish. If granted this would mean that the final Multiple Occupancy Project (MOP) would need to be completed bythe end of the one-year extension. Mike Jeffries agreed. Payton Rogers stated that if it were not completed in the one-year period they would need to ask for another extension. Ms. Hadley stated that the Owners have already put a lot of expense into the project. There has been a lot of work done and she would like that to be considered in the decision. Mike Jeffries asked Ms. Hadley if they had a submittal date for a building permit. Ms. Hadley stated they hoped to submit it within June if their extension is granted. Erik Cortinas asked whatthe legalities would be if they did not complete the work in one year. Attorney Chris Williams stated thatthey would need to askfor another extension and if it were not granted they would need to submit a new application within compliance with the regulations at the time. The Commission and Attorney Williams discussed viable options at length and the possibility of adding conditions for approval. Rebecca Bryant made a motion to deny a request for a one-year extension of SD 24.05 The Proper Townhomes, a 10-unit Multiple Occupancy Project. Harry Kohler seconded the motion and the motion carried 7-2 with the following vote. AYE: Paul Fontenot, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, Kim McCormick, and Rebecca Bryant NAY: Lee Turner and Erik Cortinas ABSTAIN: None NEW BUSINESS B. SD 26.08 Public hearing to consider the request of the Applicant, Lieb Engineering, on behalf of the Owner, Gold Kist Corner LLC, for Preliminary Plat approval of Pecan Pointe, a 3-lot Minor Subdivision with three (3) waiver requests on property zoned B-2, General Business District. The property is Located on the southwest corner of the intersection of Highway 104 and 181 and is 4.7± acres. PPIN#: 9585, 9601,121255, 9602, 361754 Mike Jeffries, Development Services Manager, presented the request on behalf of the Applicant. Mr. Jeffries shared the zoning and aerial maps as well as the proposed Plat. Mr. Jeffries stated the property was annexed into the City as B-2, General Business District in August 2025. There are multiple waiver requests to allow for simultaneous Preliminary and Final Plat approval. Mr. Jeffries discussed the three waiver requests as well as a fourth request to delay the installation of required Landscaping, which is a requirement of the Tree Ordinance. All the requests provide a bond or acceptable surety for the work. Fairhope Planning Commission Minutes —June 1, 2026 Staff recommends denial for all waiver requests. These requests seek to provide a bond or financial surety to delay the subdivision requirements. 1. Section IV.C.1.h Traffic Data/Study Standards 2. Section V.D.6. Pedestrian area Design Standards 3. Section V.F Storm Water Standards from the City of Fairhope Subdivision Regulations. Staff recommends denial of SD 26.13 Pecan Pointe, a 3-lot Minor Subdivision Chairman Turner asked if there were any questions for Staff John Worsham asked Mike Jeffries if they deny all waiver requests but approve the plan are there any other conditions that staff can put on this plan. Mr. Jeffries stated they could only approve the plan if they approved the waivers. Jimmy Conyers asked if the waivers were not needed are there any other issues with the project. Mike Jeffries responded he did not think so but, with the waiver requests, we do not have a full drainage report to verify how the drainage will be installed. All the pieces are not in place for a full project review. The Members and Staff discussed all options at length. Chairman Turner asked if the Applicant would like to come up and speak. Mr. Charles Taylor of the Foundation Group, a Real Estate Brokerage Development Companywho is working on behalf of Gold Kist Corner, LLC., was available to speak. Mr. Taylor discussed what the family had in mind for the development. He stated they want to split one parcel into three (3). Mr. Taylor spoke at great length discussing the corner and how it will not be affected right now by traffic, storm water, drainage, and would not need a pedestrian walkway and a landscape buffer atthis time. They currently have tenants in place and they do not want to cause chaos for them. Mr. Taylor stated theywould like to make the improvements later. Theyfeel that making the improvements before removingfuel tanks and building demolition, they would destroy the work that was just done. Mr. Taylor stated that the family is being asked to do a lot before they know if the property can be subdivided. Erik Cortinas asked Mike Jeffries if there is anything that prevents redevelopment or work on the gas station. Mike Jeffries stated that nothing can be torn down and rebuilt, but maintenance on existing structures can be done. Mr. Cortinas also asked if the proposed drainage pond on the south-west corner is a common drainage planfor allthree (3) lots. Mike Jeffries stated that it isthe future retention area for the site. Mr. Cortinas stated you would not know what drainage you need to build without knowing who the tenants are and what they require. Mr. Jeffries stated the engineer would need to assume an impervious percentage to use for calculations. John Worsham asked Chris Lieb, Engineer of Record, if there is a demolition and excavation plan for this project. Chris Lieb responded he has not seen a plan. John Worsham asked how they know that digging up the fuel tanks would destroy work that has been done. Mr. Lieb stated that the tanks are close to the right-of-way in the north-west corner by lot 2, which would be tight. Mr. Worsham stated he has seen much tighter areas excavated without any damage. Chairman Turner asked when the tenants leases were expiring. Chris Lieb said the HUB expires July 31, 2026, and the others in December. Chairman Turner stated that you have four (4) waivers and we can only address three (3). Cece Smith from Gold Kist Corner, asked to speak. Ms. Smith stated they have a general concept plan drawn. On Lot 3 they have added a quick -sere restaurant, which may not be the final tenant, Fairhope Planning Commission Minutes — June 1, 2026 but has the smallest building with maximum parking area and impervious surfaces. Using this will give them the largest retention. They can always back down the retention if the tenant building is smaller. Ms. Smith stated they are asking for the waivers because the ingresses and egresses are going to move and change based on the tenant. Chairman Turner opened the public hearing at 5:55pm. The public hearing was closed at 5:55pm. Erik Cortinas made a motion to table SD 26.08 Pecan Pointe, a 3-lot Minor Subdivision for up to six (6) months with consent of the Applicant. Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Paul Fontenot, Harry Kohler, Rebecca Bryant, Hollie MacKellar, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None C. SD 26.13 Public hearing to consider the request of the Applicant, SE Civil, LLC, on behalf of the Owner, Old South Properties, LLC, for Preliminary and Final Plat Approval of Morphy Corners, a 4-lot Minor Subdivision on property zoned R-1, Low DensitySingle-Family Residential District. The property is located at 8501 Morphy Avenue and is 2.98t acres. PPIN #: 14970 Mike Jeffries, Development Services Manager, presented the request on behalf of the Applicant. Mr. Jeffries shared the zoning and aerial maps, as well as the proposed Plat. Mr. Jeffries stated the Planning Commission approved rezoning this property (ZC 26.04) in Mayfrom R-4, Low Density Multi - Family Residential District to R-1, Low Density Single -Family Residential District, without any conditions. ZC 26.04 will go before the City Council for consideration on June 22, 2026. Staff recommends approval of SD 26.04 Morphy Corners a 4-lot Minor Subdivision with conditions. 1. Approval of ZC 26.04 Morphy Corners by the City Council; 2. Revision of the Final Plat to include a Finished Floor Elevation (FFE) for all proposed lots; 3. Installation of sidewalks pursuant to Sheet C01 — "sidewalk and utility Plan"; and 4. Record Final Plat with Baldwin County Probate within 120 days of approval. No questions for Staff or Applicant. Chairman Turner opened the public hearing at 6:14pm. The public hearing was closed at 6:14pm. John Worsham made a motion to approve SD 26.13 Morphy Corners Preliminary and Final Plat Approval with Staff recommendations. Jimmy Conyers seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, Rebecca Bryant, Paul Fontenot, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None D. SD 26.14 Public hearing to consider the request of the Applicant, S.E. Civil LLC on behalf of the Owner, FST and Summit Inn LLC, for Final Plat approval of Summit Street Inn, a 6-unit Multiple Fairhope Planning Commission Minutes —June 1, 2026 4 Occupancy Project on property zoned B-3b, Tourist Resort Commercial Service District. The property is located at 131 Fairhope Avenue and is 0.29t acres. PPIN#: 15053 Mike Jeffries, Development Services Manager, presented the request on behalf of the Applicant. Mr. Jeffries shared the zoning and aerial maps. In July 2024, the Board of Adjustments granted a use approval for a hotel and in June 2025 the Planning Commission approved the Preliminary Multiple Occupancy Project with conditions. All conditions have been met. Staff recommends approval of SD 26.14 Summit Street Inn for Final Plat. Chairman Turner opened the public hearing at 6:17pm. The public hearing was closed at 6:17pm. John Worsham made a motion to recommend approval of SD 26.14 Summit Street Inn 6-unit MOP for Final Plat. Kim McCormick seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, HoRie MacKelLar, Rebecca Bryant, Paul Fontenot, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None E. ZC 26.05 Public hearing to consider the request of the Applicant, Thompson Engineering Inc., on behalf of the Owner, Gulf Health Hospitals, Inc., to rezone property from R-4, Low Density Multi - Family Residential District to B-2, General Business District. The property is located at 751 and 757 Northrop Avenue and a total of 0.35t acres. PPIN#: 36183, 38153 Payton Rogers, Planning and Zoning Manager, presented the request on behalf of the Applicant. Mr. Rogers clarified an incorrect zoning district (B-4, Business Professional District) that was advertised as the requested zoning district for the zoning change. Following discussion with legal counsel the requested zoning district was corrected to B-2, General Business District within the slides presented to the Commission. Mr. Rogers stated that the change had no effect on staff's recommendation and that the corrected zoning change request for B-2, General Business District will be advertised twice prior to appearing before City Council as per standard requirements. The Applicant, Janic Terry, Thompson Engineering, stated on the Record they approved the correction for rezoning to B-2, General Business District. Mr. Rogers shared the zoning and aerial maps as well as the Boundary Survey. The subject site has had numerous Subdivision requests and Site Plan Reviews approved dating back to 1955. In June 2024, the Planning Commission recommended approval to City Council a request for Site plan Review of a 25-bed addition to Thomas Hospital, which City Council approved. An Administrative Replat is pending which proposes combing the two (2) subject sites along Northrop Street with the Thomas Hospital site. One of the subject sites has an active Permit to build a new electrical generator. Staff recommends approval of ZC 26.05 Thomas Hospital to rezone property from R-4, Low Density Multi -Family Residential District to B-2, General Business District. Chairman Turner opened the public hearing at 6:24pm. Fairhope Planning Commission Minutes —June 1, 2026 5 Oletha and Samuel Curry, 763 Northrop Ave: Mrs. Curry stated they live next door to where the generator is being installed. Mrs. Currystated they have lived therefor 44 years. She would like to be rezoned B-2 so she can afford to move. Chairman Turner advised Mrs. Curry that she would need to go through the rezoning process with the Planning and Zoning Department. Matt Wilson, 304 Ingleside Street: Mr. Wilson stated one of the subject properties currently has a construction trailer on it and it is not being used as a residential lot. Mr. Wilson would like to know if that is allowed. Attorney Chris Williams stated that it is part of the Medical Overlay District which has broader uses over the property. Mr. Wilson also discussed a property next to his that is being used as a construction parking lot and it is zoned residential. Mike Jeffries, Development Services Manager, offered to speak with Mr. Wilson later regarding his concerns since it does not have any bearing on rezoning. Chairman Turner closed the public hearing at 6:31 pm. John Worsham made a motion to recommend approval to City Council of ZC 26.05 Thomas Hospital request to rezone property from R-4, Low Density Multi -Family Residential District to B-2, General Business District. Erik Cortinas seconded the motion and the motion carried unanimously with the followingvote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, Rebecca Bryant, Paul Fontenot, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None F. UR 26.05 Request of Verizon Wireless for the installation of a new small cell tower in downtown Fairhope. Located within the right-of-way near 5 North Church Street. G. UR 26.06 Request of Verizon Wireless for the installation of a new small cell tower in downtown Fairhope. Located within the right-of-way near 450 Fairhope Avenue. H. UR 26.07 Request of Verizon Wireless for the installation of a new small cell tower in downtown Fairhope. Located within the right-of-way near 100 North Bancroft Street. I. UR 26.08 Request of Verizon Wireless for the installation of a new small cell tower in downtown Fairhope. Located within the right-of-way near 319 Magnolia Avenue. J. UR 26.10 Request of Verizon Wireless for the installation of a new small cell tower in downtown Fairhope. Located within the right-of-way near 108 North Section Street. K. UR 26.11 Request of Verizon Wireless for the replacement of an existing wooden service pole with a new small cell tower. Located near 850 Sea Cliff Drive. Mike Jeffries, Development Services Manager, presented the requests on behalf of the Applicant. Mr. Jeffries shared the aerial maps for all six (6) locations. Mr. Jeffries stated that Verizon was approved for 5 small cell towers in August 2025 and no permits have been submitted to begin work. Mr. Jeffries Fairhope Planning Commission Minutes —June 1, 2026 6 stated that these Reviews do not have an expiration date and the height of the poles area concern for Staff. Committee Members and Staff discussed in detail co -location, height, density, population, coverage, special events, and the visual aesthetics of multiple poles in downtown. Erik Cortinas asked if a tower were placed on a building roof, would that fall outside of the City's franchise agreement. Attorney Chris Williams stated that Verizon would need a private lease with the property owner. Staff recommends approval for UR 26.05, UR 26.07, UR 26.08, UR 26.10, UR26.11 with the following conditions: 1. Install a street light arm on the pole as required by ROW and Utilities. 2. City Council approval of the proposed small cell. 3. A pre -construction meeting shall be held with the City prior to issuance of an permits; 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 a Traffic Control Plan to ROW Inspector prior to commencement of any work. 6. Applicant shall contact Alabama One Call to locate all existing utilities (1000 ft max per day). 7. Co -location shall be required if a viable option is determined. Staff recommends approval for UR 26.06 with the following conditions: 1. The location is moved east in front of Coastal Community College to replace the existing streetlight. 2. City Council approval of the proposed small cell. 3. A pre -construction meeting shall be held with the City prior to issuance of an permits; 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 a Traffic Control Plan to ROW Inspector prior to commencement of any work. 6. Applicant shall contact Alabama One Call to locate all existing utilities (1000 ft max per day). 7. Co -location shall be required if a viable option is determined. Chairman Turner asked the representative from Verizon Wireless to come up and speak. Bob Chopra representative for S.A.M., agents for Verizon Wireless, stated they supplied a temporary "Cell on Wheels," during Mardi Gras and were asked to stay until the Arts and Craft Festival but contractually could not. Mr. Chopra stated they received multiple calls after leaving, regarding bad cell service in the downtown area during big events. Mr. Chopra stated that having multiple towers in a small area working together provide better coverage downtown for these events. Erik Cortinas made a motion to table Utility Review UR 26.05 5 North Church Street until the July 6, 2026 Planning Commission Meeting to explore other locations. Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, HoRie MacKellar, Rebecca Bryant, Paul Fontenot, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None Fairhope Planning Commission Minutes — June 1, 2026 7 John Worsham made a motion to recommend approval to City Council Utility Review UR 26.06 450 Fairhope Avenue with Staff recommendations. Erik Cortinas seconded the motion and the motion carried 8-1 with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers; Harry Kohler, Rebecca Bryant, Paul Fontenot, Kim McCormick, and Erik Cortinas NAY: Hollie MacKellar ABSTAIN: None Erik Cortinas made a motion to table Utility Review UR 26.07 100 North Bancroft Street until the July 6, 2026 Planning Commission Meeting to explore other locations. Kim McCormick seconded the motion and the motion carried unanimously with the followingvote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, Rebecca Bryant, Paul Fontenot, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None Erik Cortinas made a motion to table Utility Review UR 26.08 319 Magnolia Avenue until the July 6, 2026 Planning Commission Meetingto explore other locations. Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, Rebecca Bryant, Paul Fontenot, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None John Worsham made a motion to recommend approval to City Council Utility Review UR 26.10 108 North Section Street with Staff recommendations. Harry Kohler seconded the motion and the motion carried 7-2 with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, Rebecca Bryant, Paul Fontenot, and Kim McCormick NAY: Hollie MacKellar and Erik Cortinas ABSTAIN: None John Worsham made a motion to recommend approval to City Council Utility Review UR 26.11 850 Sea Cliff Drive with Staff recommendations and; 1. Equipment to meet flood zone regulations. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, Rebecca Bryant, Paul Fontenot, Kim McCormick, Hollie MacKellar, and Erik Cortinas NAY: None ABSTAIN: None Fairhope Planning Commission Minutes —June 1, 2026 8 ADJOURNMENT John Worsham made a motion to adjourn. Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, Rebecca Bryant, Paul Fontenot, Kim McCormick, Hollie MacKellar, and Erik Cortinas NAY: None ABSTAIN: None Adjour ed at 7:06 Lee Turner, Chairman anine Saykes, Secreta Fairhope Planning Commission Minutes —June 1, 2026 9