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HomeMy WebLinkAbout08-03-2026 Planning Commission MinutesFairhope Planning Commission Minutes August 3, 2026 - 5:00 PM ADMINISTRATIVE The Planning Commission met Monday, August 3, 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 Kim McCormick X John Worsham X Erik Cortinas X Jimmy Conyers (CC) 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 Lee Turner called the meeting to order at 5:02. CONSENT AGENDA • Approval of the Minutes — July 6, 2026 Jimmy Conyers made a motion to approve the minutes. Erik Cortinas seconded the motion, and the motion carried unanimously with the following vote: AYE: Lee Turner, Paul Fontenot, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, Rebecca Bryant, and Erik Cortinas NAY: None ABSTAIN: None OLD BUSINESS A. ZC 25.08 Holdover Extension Request by the Applicant, Core Development and Construction of Alabama, LLC on behalf of the Owner, FST and Bertolla Properties LLC, for Conditional Annexation to PUD, Planned Unit Development for Colony Village. The property is located at 10504 State Highway 104 and is 148t acres. PPINS#: 5499, 20948, 286294 Chairman Turner recused himself from ZC 25.08. Vice Chairman Bryant assumed the chair for ZC 25.08. Hunter Simmons, Planning and Zoning Director, presented a request on behalf of the Applicant for a holdover extension. Attorney Doug Anderson, representative for the Applicant, stated he would like to request an additional six (6) months to continue working on the plan. They are also working on a better storm water plan and a site plan with less density that he thinks would work best for everyone. Fairhope Planning Commission Minutes — August 3, 2026 1 Hollie MacKellar asked how many extensions are typical. Hunter Simmons stated that there is not a set number of extensions, but this is not an approved plan. Mr. Simmons stated Staff would not recommend indefinite extensions. The Planning Commission members and Mr. Simmons discussed the extension process in detail. Mr. Simmons stated that Staff approves the extension. John Worsham made a motion to approve the holdover extension forZC 25.08 for up to six (6) months. Erik Cortinas seconded the motion, and the motion carried with the following vote. AYE: Erik Cortinas, Paul Fontenot, John Worsham, Jimmy Conyers, Harry Kohler, Rebecca Bryant, and HoLLie MacKellar NAY: None ABSTAIN: Lee Turner NEW BUSINESS B. SR 26.05 Request of the Applicant, Murphy Oil USA, Inc., on behalf of the Owner, RW Battles, LLC, for Site Plan Approval of Murphy Oil Automobile Service Station. The property is located at 18186 Wright Blvd. and is 1.14 t acres. PPIN#: 391372 Payton Rogers, Planning and Zoning Manager, presented the request on behalf of the Applicant. Mr. Rogers shared the zoning and aerial maps. In 2021 The Planning Commission approved an MOP for the Shoppes at Pointe Clear, which was then located in the county, within Fairhope Planning jurisdiction. In 2022 the Commission approved Conditional Annexation in tothe Cityfor B-2, General Business District. In 2023, the Commission approved a final MOP. And in Aprit 2026, the Board of Adjustment approved a Special Exception to allow an automobile service station. The proposed development is subject to Site Plan Review due to the extent of the proposed impervious surfacing. Staff recommends Approval of SR 26.05 — Murphy Oil USA, with the following conditions: 1. Revision of all pertinent plans to illustrate sidewalk along the entirety of the western property line where the subject site abuts Wright Blvd., and tying into the existing sidewalk and crosswalk, south of the subject site; 2. Revision of all pertinent plans to address all Water Utility comments provided in this report; and 3. If it is determined that the site will pursue a shared access agreement between Lots A and B, the following is required: Lot B shall be limited to a single access onto Wright Blvd. which shall be satisfied by the shared access between the two lots; and a non-exclusive ingress/egress easement shall be recorded in Baldwin County Probate and submitted to staff. Chairman Turner asked if the Applicant would like to speak. Wesley Miller - RAM Engineering, representative for Murphy Oil USA, stated they will address all contingencies and will resolve all issues before going before City Council. John Worsham made a motion to recommend SR 26.05 - Murphy Oil USA to City Council, with Staff recommendations 1 and 2, and the third being revised to the shared access agreement Fairhope Planning Commission Minutes — August 3, 2026 2 between Lots A and B and will be required. Lot B shall be limited to a single access onto Wright Boulevard. Jimmy Conyers seconded the motion, and the motion carried unanimously with the following vote. AYE: Lee Turner, Erik Cortinas, Paul Fontenot, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, and Rebecca Bryant NAY: None ABSTAIN: None C. ZC 26.07 Public hearing to consider the request of the Applicant, Jade Consulting, LLC, on behalf of the Owner, Michael Jason Tickle 2020 Trust for Conditional Annexation to R-1, Low Density Single -Family District for Windrow Phase 2. The property is located on the east side of South Section Street, south of Twin Beech Road and is 20.11 t acres. PPIN#: 28640 Michelle Melton -Null, City Planner, presented the request on behalf of the Applicant. Ms. Melton -Null shared the zoning and aerial maps. The subject site is currently located in Baldwin County jurisdiction. Staff recommends Approval of ZC 26.07 —Windrow SD, Phase 2, conditional annexation with request to rezone propertyfrom Baldwin County Base County Zoning (BCZ) to City of Fairhope zoning district, R-1, Low Density Single Family Residential. Chairman Turner asked if the Applicant would like to speak. Will Graham - Jade Consulting, representative for the Applicant, stated that this will be an extension of Windrow Phase 1. Chairman Turner opened the public hearing at 5:28pm. Brandy White — 18940 Frank Sledge Ln., asked is the property is in the county, and will she receive another letterwhen the next phase comes. Chairman Turner explained the process. If this is approved and the Applicant returns and submits a Subdivision request, the notification will go out according to the regulations. Mr. Simmons clarified that a Subdivision request notification letter is only mailed to adjacent property owners, unlike a zoning change request that is mailed to property owners within 300 feet of the subject property. Chairman Turner closed the public hearing at 5:33pm. John Worsham made a motion to recommend ZC 26.07— Windrow SD Phase 2 to the City Council. Rebecca Bryant seconded the motion, and the motion carried unanimously with the following vote: AYE: Lee Turner, Erik Cortinas, Paul Fontenot, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, and Rebecca Bryant NAY: None ABSTAIN: None Fairhope Planning Commission Minutes —August 3, 2026 3 D. ZC 26.08 Public hearing to consider the request from the City of Fairhope Planning and Zoning Department, for proposed amendments to the City of Fairhope's Zoning Ordinance pertaining to Building Height. Payton Rogers, Planning and Zoning Manager, presented the proposed Building Height Amendment. Staff recommends the Planning Commission submit the proposed amendments back to Staff for continued discussion and further study. Mr. Rogers presented the Staff Primary Goals: • To preserve the "Scale and Character" of the City of Fairhope. • To improve clarity and update development standards. • Help ensure that future growth is compatible with existing neighborhoods. Mr. Rogers presented a Summary of Proposed Amendment: 1. Introduce a new "general" Building Height definition applicable outside the CBD which provides clear guidance on how to calculate building height while also supporting the goals of the city of Fairhope in preserving the scale and character of the city. 2. Consolidate various building height regulations into a centralized location within the Zoning Ordinance to mitigate confusion and improve ease of use. 3. Revise existing language regarding Rooftop Terraces to clarify the original intent and introduce new regulations which can provide flexibility for development within the CBD while preserving the scale and character of the City of Fairhope. Mr. Rogers shared the history of Building Height definitions and how they have been calculated since 1998. Mr. Rogers also shared the current definition and the definition that is proposed. Chairman Turner suggested havingthree separate public hearings to discuss each issue individually. Chairman Turner opened the public hearing to discuss the building height calculations at 5:45pm. Trey Cordi — 53 South School St., stated he is totally against this because you cannot build a two-story house with these regulations. Mr. Cordi feels that this needs to be completely redone. He is shocked that Staff is proposing this because it is just ridiculous. The Ordinance penalizes anyone with a sloped lot. Mr. Cortinas asked Mr. Cordi what kind of roof pitches he is talking about, because saying a house cannot be built is incorrect. You may not be able to build a massively steep roof, but you can still build the house. Bob Chatham —78 South Section St., Mr. Chatham shared handouts detailing houses in the area and the issues with roof lines and sloping lots, with Planning Commission members and Staff. He showed problems that would arise with the new height calculations that are being proposed. Mr. Chatham asks that Staff look at the real -life problems that these impose for citizens that want to build a new home. Mr. Chatham suggests that the measurement start at the finished grade and not the existing grade. Ryan Baker — 460 Dogwood Ave., stated the current definition is very confusing and needs clarification. The proposed definition is extremely hard to design around, due to all the different topography on lots. Fairhope Planning Commission Minutes —August 3, 2026 4 Chairman Turner stated that we have seen a lot of negative examples tonight but he would also like to see constructive ideas that can be sent to Staff while this is still being worked on. Suggestions for Staff that do not create new problems are welcome by the Staff. Lee Verneuille-732 South Mobile St., shared handouts with Members and Staff. Mr. Verneuille stated he would like to see a sensible solution that does not punish people trying to build on a slope. Mr. Verneuille offered a definition: The vertical distance measured from the proposed finished grade at the front of the principal building as established by a site plan to the mean height between the eave and ridge of the highest roof plane. For flat roofs, building height shall be measured to the highest point of the roof or parapet. Mr. Verneuille stated he thinks this has all become overly complicated. Mac Walcott-1 South School St., shared a handout with Members and Staff. Mr. Walcott stated that we are creating the same non -conforming issue. Mr. Walcott shared pictures of several housed that cannot be built today with what is being proposed. The public hearing was closed at 6:06pm. Payton Rogers presented the proposed changes to Rooftop Terraces in the Zoning Ordinance. Chairman Turner opened the public hearing at 6:09pm. Ryan Baker — 460 Dogwood Ave., stated that what is allowable on a rooftop terrace compared to a balcony is confusing in the changes. With a rooftop terrace the furniture must be removed at night. Mr. Baker stated there is no difference if furniture is on a rooftop terrace and below a parapet or on a balcony. Chairman Turner stated that furniture is more secure on a balcony because there is a wall behind it to prevent as much wind. The wind is higher on a rooftop. Mr. Simmons clarified that the regulation on rooftop terraces states you cannot have a rooftop terrace above a third floor because we do not allow a fourth floor. The public hearing was closed at 6:13pm. Payton Rogers presented CBD Height. Mr. Rogers shared the history of Building Height within the CBD, starting in 1999. Mr. Rogers stated overthe years each increase in the CBD Building Height, was intended to encourage redevelopment, but resulted in taller flat -roofed buildings being able to maximize allowable height, rather than reinforcing the village scale and character that was envisioned for downtown Fairhope. Mr. Rogers stated that the proposed amendments do not sufficiently address these issues. Mr. Rogers offered possible solutions that could include: 1. Unique definitions for Building Height within the CBD which provide varied building heights based on roof pitch. 2. Establishment of form -based codes within the CBD which could provide requirements for a building's form which align much more precisely with the established vision for the district. Chairman Turner opened the public hearing at 6:18pm. Mac Walcott —1 South School St., stated that there are three other components that affect the yield on downtown buildings. The FAR, the parking requirements, and the commercial use requirements. They all need to be looked at with the building height in the CBD. He would like to look at all this together before any final decisions are made. Ryan Baker — 460 Dogwood Ave., stated most small-town CBD's have an archetype of a storefront building, which the majority are parapet type buildings. We have a variation of that in Fairhope. Mr. Fairhope Planning Commission Minutes —August 3, 2026 5 Baker stated he is not sure if it is the character of a village district that has been discussed, and he is not sure if that has ever been the character of our CBD. Rebecca Bryants stated it is her understanding that we are not trying to promote sloped roof, but when previous appeals to raise the height were broughtwith the argument that there would be more architectural expression if the height was raised. Erik Cortinas stated that previously when the height was 35 feet, it was recommended they could have more interesting architectural features if it was raised higher but all that happened was the vast majority built 40-foot flat roofs to maximize space and the interesting architectural features were not included. Chairman Turner also discussed how we could include more creativity in the CBD. The public hearing was closed at 6:26pm. Rebecca Bryant made a motion to table ZC 26.08 — Building Height, for further discussion. John Worsham seconded the motion, and the motion carried unanimously with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, Hollie MacKellar, Paul Fontenot, Rebecca Bryant, and Erik Cortinas NAY: None ABSTAIN: None E. Resolution 2026-03 Public hearing to consider the request of the City of Fairhope's Planning and Zoning Department to accept Resolution 2026-03 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 1866. Hunter Simmons, Planning and Zoning Director, stated that City Council has adopted Ordinance No. 1866 and as a follow-up the Planning Commission has passed a Resolution in support of that. There was an incorrect Ordinance Number on the Agenda but the Resolution before you has the correct number, which is Ordinance 1866, which expires on August 17, 2026. John Worsham made a motion to adopt Resolution 2026-03. 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, Paul Fontenot, Rebecca Bryant, and Erik Cortinas NAY: None ABSTAIN: None F. Discussion of "Open -Air Structures" and the applicability of the Zoning Ordinance regarding site coverage and setback requirements. Hunter Simmons, Planning and Zoning Director, stated that Open -Air Structures as defined in our Zoning Ordinance is anything coming out of the ground vertically. There are prescribed areas where those can be located as well as lot coverage. The Planning Commission members and Mr. Simmons discussed in detail, pool coverings, patios, sail cloth coverings, arbors, and what is considered a structure. The discussion also included setbacks. Fairhope Planning Commission Minutes — August 3, 2026 6 Rebecca Bryant stated she would like to see all the different example of Open -Air Structure, and she would like to see how other municipalities deal with pool enclosures. Paul Fontenot discussed the differences of a structure being over impermeable vs. permeable surfaces and how that would be managed. Mr. Simmons stated this presentation is for feedback and will come back with more information at a Later date. Jimmy Conyers asked to speak. He stated that today was his last Planning Commission meeting and Councilman Joshua Gammon will be replacing him, starting in September. Mr. Conyers thanked Staff and Planning Commissioners. He also stated that Planning Commission members are doing a great job and he realizes they volunteer their time and he appreciates all that they do. ADJOURNMENT John Worsham made a motion to adjourn. The motion carried unanimously with the following vote: AYE: Lee Turner, John Worsham, Jimmy Conyers, Harry Kohler, Paul Fontenot, Hollie MacKellar, Rebecca Bryant, and Erik Cortinas NAY: None ABSTAIN: None Adjourned at 6:39p Lee Turner, Chairman nine Saykes, Secretary Fairhope Planning Commission Minutes —August 3, 2026 7