The URL can be used to link to this page

Home My WebLink About09-21-2026 Board of Adjustment 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 Board of Adjustment Agenda September 21, 2026 – 5:00 PM BOARD MEMBERS Anil Vira, Chairman Cathy Slagle Ryan Baker Frank Lamia, Vice Chairman Andrew Belcher Donna Cook Janine Saykes, Secretary 1. CALL TO ORDER 2. APPROVAL OF MINUTES • August 17, 2026 3. OLD/NEW BUSINESS OLD BUSINESS None NEW BUSINESS A. BOA 26.11 – 23 N Section St Public hearing to consider the request of the Applicant, Casey Pipes, on behalf of the Owner, HH Section Street Hospitality LLC, for a Special Exception for a Hotel on property zoned B-2, General Business District. The property is located at 23 N. Section Street and is a total of 0.47± acres. PPIN#: 15311,15195 4. ADJOURN Page 1 of 19 1 Fairhope Board of Adjustment Minutes – August 17, 2026 Fairhope Board of Adjustment Minutes August 17, 2026 – 5:00 PM ADMINISTRATIVE This Board of Adjustment met on Monday, August 17, 2026 at 5:00 p.m. at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Staff: Hunter Simmons, Planning and Zoning Director; Payton Rogers, Planning & Zoning Manager, and Assistant City Clerk Jenny Opal Wilson. Chairman Vira called the meeting to order at 5:00 p.m. APPROVAL OF MINUTES Approval of the Minutes – July 20, 2026 Frank Lamia made a motion to approve minutes from the July 20, 2026, meeting. Andrew Belcher seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Frank Lamia, Andrew Belcher, Donna Cook, and Ryan Baker NAY: None ABSTAIN: None OLD BUSINESS None NEW BUSINESS A. BOA 26.09 Public hearing to consider the request of the Owner, David Johnson MD, for a Special Exception for a Clinic on property zoned PUD, Planned Unit Development. The property is located at 880 Holcomb and is Blvd, Ste 2B and is 0.45+ acres. PPIN#: 343646 Payton Rogers, Planning & Zoning Manager, presented the above request made by the Applicant. Mr. Rogers shared the aerial and zoning maps. Most surrounding properties are in the County. The site is included in the North Village at Stone Creek Planned Unit Development which was recommended for approval by the Planning Commission and subsequently approved by the City Council in 2006. There have been no other Board of Adjustment cases affiliated with this site. Page 2 of 19 2 Fairhope Board of Adjustment Minutes – August 17, 2026 Mr. Rogers stated existing conditions are a standard office building broken into a few different units. In this PUD all commercial properties are allowed to be utilized for any use allowable under B1, B2, B3, and B4 Zoning Districts. Zoning Ordinance permits clinics to be in Zoning Districts B1, B2, and B3A, but it requires Special Exception approval of this application. The Zoning Ordinance deﬁnes a clinic as a place used for care, diagnosis, and treatment of ailing, inﬁrm, or injured persons, and those who need medical and surgical attention, but who are not provided with room or board. The Applicant is proposing a Family Medicine Direct Primary Care Clinic operating primarily via telehealth appointments. In person patients are only by appointment. Dr. Johnson has two part- time staff members. There is only 770+ square feet within the unit. Mr. Rogers stated Staff received several letters. One of which was co-signed by numerous property owners that had concerns about the type of Clinic and the services being offered as well as numerous letters from other citizens that were in support of the Clinic. All have been provided in your Staff Report package or via email. There was one over the weekend that I provided a copy of today. Staff recommends approval of the Special Exception BOA 26.09 located at 880 Holcomb Boulevard. Staff is available for any questions. Chairman Vira asked the Applicant if he would like to speak. Dr. David Johnson stated he lives at 16311 Woodacres Rd. S., Fairhope - Dr. Johnson thanked everyone for this opportunity. Dr. Johnson discussed his business as a Direct Primary Care Clinic. He stated that he would be the third physician in Baldwin County to open a clinic in this area. This is a membership style model of medicine so that patients know what to expect with no hidden fees or costs. Dr. Johnson stated his cell phone is his office line. He has taken care of thirty-one hundred (3100) patients at the Inﬁrmary for the past eleven (11) years. Dr. Johnson is looking to work with a small number of patients. Hunter Simmons, Planning & Development Director, stated the board approved another Direct Primary Care Clinic about a year ago at Walmart. Dr. Johnson asked if there were any questions. Frank Lamia, Vice Chairman, stated he was concerned with issues of parking and the amount of traffic turnover. Dr. Johnson stated his appointments are set for one (1) hour. One (1) vehicle per hour. Dr. Johnson and one (1) part-time staff member park in the back of the Clinic. The other part-time employee works from home. Patients will come into office for less than an hour. Dr. Johnson has four (4) parking spots. Most appointments will be over the phone. Turnover is less than a hair salon or eyelash extension office. Mr. Simmons clariﬁed the letters that were sent out to citizens referring to the Clinic, which is a Zoning Category. A Clinic can be ﬁve hundred (500) people on a big campus or it can be a small six hundred (600) to seven hundred (700) square foot unit with one (1) employee. There are uses by right that could be here that would have a bigger parking demand and generate more traffic. Page 3 of 19 3 Fairhope Board of Adjustment Minutes – August 17, 2026 These offices were built around 2016. No new construction. No new units operating as commercial. There have been other businesses there that generated a lot more vehicles and traffic. Andrew Belcher inquired about the hours of operation. Dr. Johnson stated the hours would be from 9:00 a.m. – 4:00 p.m. Most traffic would be in the morning with appointments, follow-up calls, and paperwork in the afternoon. Andrew Belcher inquired about medical supplies and equipment deliveries. Dr. Johnson stated he has ordered enough supplies for two years (2) which has been delivered. Chairman Vira opened the public hearing at 5:14 p.m. Ella Darnell - 789 Serpentine Dr., Fairhope - a resident of the Stone Creek Villas Subdivision. Ms. Darnell stated she is concerned with the word Clinic being used. It sounds like a walk in methadone clinic that hands out drugs. The word Clinic has a negative connotation. Ms. Darnell asked why a Variance is needed. She also stated the concern for more traffic in the area. Ms. Darnell stated the “Fairhope Medical Overlay District” is a special zoning designation centered around Thomas Hospital designed to streamline healthcare facility growth, ease property conversions, and manage surrounding commercial residential transactions that permits healthcare practices and medically related businesses to expand or locate within the zone with fewer traditional zoning hurdles. Why is this not a location option for Dr. David Johnson’s Clinic? Ryan Baker appreciates Ms. Darnell’s traffic concerns and the terminology of Clinic and its connotation. If the Applicant does not go into this location someone else might and could create more traffic. Ms. Darnell ask why you need a Variance. Mr. Simmons stated this is a Special Exception not a Variance. A Special Exception is a safeguard to keep out a methadone clinic. The Clinic name is a deﬁnition which has been in the Zoning Ordinance since 2005. It encompasses a wide range of what could be allowed. From a 500- square-foot dentist office to a 500-patient facility. This Board is here to decide if this is compatible with the surrounding area. Ms. Darnell asked how you assure the people what is going to happen in the location. Mr. Simmons stated that is what this meeting is for. This is what the job of the Board of Adjustment is. Ms. Patricia Litchﬁeld, 785 Serpentine Dr. Fairhope - stated she was concerned with the Special Exception and would the next tenant require approval if they requested a Medical Clinic. Mr. Rogers conﬁrmed a Special Exception runs only with this speciﬁc business. This approval does not continue with the property like a Variance would. Page 4 of 19 4 Fairhope Board of Adjustment Minutes – August 17, 2026 Ms. Camille Brecht, 669 Turquoise Dr. Fairhope - stated that she and the neighbors are concerned with traffic and drugs on site as a target for theft, a bus stop nearby, and the children in the area. Ms. Brecht commented that she thought there were three (3) meetings needed before an approval. Ms. Brecht aske for clariﬁcation on meetings.. Mr. Simmons stated this is a Board of Adjustment meeting, which is different than a Planning Commission meeting. Mr. Simmons clariﬁed the process and that there is only one (1) meeting. Mr. Jim Lety, 217 Pecan Ave. Fairhope - stated he has been a patient of Dr. Johnson for the past nine (9) years and applauds him for his work and thinks we all should. Ms. Judith Steele, Secretary of HOA in Stone Creek Villas, Fairhope - requested more transparency in the letters. She was concerned that not everyone in the subdivision received a letter. She posted the letter on the HOA website and Facebook. Ms. Steele is worried about the traffic and children. Ms. Steele has spoken with Dr. David Johnson referencing his practice and he was very polite. Ms. Savannah Hannon, 7196 Wood Acres Rd. Fairhope - voiced concern with the new Direct Primary Model. Ms. Hannon would like Dr. Johnson to share his insight on guidelines that he follows as a physician with DEA regulations and controlled substances. Chairman Vira closed public hearing at 5:38 p.m. Dr. Johnson thanked all for the dialogue and discussed how Direct Primary Care works straight with the patient, not insurance. There are no narcotics or controlled substances onsite. Prescriptions are electronic and/or handwritten that are within regulatory practice. Dr. Johnson stated he has his Alabama Medical License and DEA and has consulting privileges at Thomas Hospital where he served as Credential Chair. He is held to the same regulatory procedures and standards. Dr. Johnson also provides home visits. Dr. Johnson has followed all ADA regulations for his office. Ryan Baker thanked Dr. Johnson for answering questions. We are trying to make a judgment for a Special Exception and not to answer every question about your practice today. Dr. David Johnson asked if there are any further questions and thanked everyone. Chairman Vira asked Board Members do we have a motion or any other questions. Ryan Baker made a motion to approve the Special Exception for a Clinic for BOA 26.09. Frank Lamia seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Frank Lamia, Andrew Belcher, Donna Cook, and Ryan Baker NAY: None ABSTAIN: None ADJOURNMENT Page 5 of 19 5 Fairhope Board of Adjustment Minutes – August 17, 2026 Chairman Vira made a motion to adjourn. Ryan Baker seconded the motion and the motion carried unanimously with the following vote: AYE: Anil Vira, Frank Lamia, Andrew Belcher, Donna Cook, and Ryan Baker NAY: None ABSTAIN: None Adjourned at 5:48 p.m. ________________________________ ________________________________ Anil Vira, Chairman Jenny Opal Wilson, Assistant City Clerk Page 6 of 19 Payton Rogers Page 7 of 19 BOA 26.11 – Hampton Inn September 21, 2026 Page 1 of 4 SUMMARY OF REQUEST Public hearing to consider the request of the Applicant, Casey Pipes, on behalf of the Owner, HH Section Street Hospitality LLC, for a Special Exception for a Hotel on property zoned B -2, General Business District. The property is located at 23 N. Section Street and is a total of 0.47± acres. SITE HISTORY At its meeting on August 1, 2005, the Planning Commission unanimously recommended approval of SR 05.04, Site Plan Review of Charlie Bassett for a proposed hotel. The Site Plan Review was subsequently approved by the City Council at its September 26, 2005 meeting. Development of the subject site with the existing Hampton Inn began shortly thereafter sometime between 2006 to 2007. There have been no other Planning Commission or Board of Adjustment cases affiliated with this site. STAFF COMMENTS The Applicant has requested a Special Exception to allow a hotel use in a B-2, General Business District located within the Central Business District (CBD). The subject site consists of two parcels that are currently developed with an existing 15,447± square-foot Hampton Inn hotel, swimming pool, and pool house . No change to the existing use, and no new construction, expansion, or alteration of the existing hotel, is being proposed as part of this application. The Zoning Ordinance defines Hotel as follows: Hotel: a business where lodging services, including accessory uses such as eating and drinking facilities, recreation facilities and parking, are provided. Lodgings may consist of sleeping rooms only or may include cooking facilities also, but are not intended for long-term occupancy. Development of the existing hotel began prior to the current City of Fairhope Zoning Ordinance which was adopted by the City Council on June 27, 2005. Applications for a Site Plan Review (SR 05.04) associated with the Hampton Inn were submitted before June 2005 which allowed SR 05.04 to be reviewed in accordance with the previous 1992 Zoning Ordinance. Under the ‘92 Zoning Ordinance a hotel was allowed by right within B-2 districts, hence the approval of the Hampton Inn Site Plan. However, the ‘05 Zoning Ordinance removed this use from B-2 districts entirely, making the Hampton Inn a legal non-conforming use essentially as soon as construction began. As a legal non-conforming use the hotel was allowed to continue with construction and operate under the approved Site Plan, but any future additions/expansions of the use and/or additions/expansions to the approved structures would necessitate additional reviews by the Board of Adjustment. It was not until the adoption of a zoning amendment in 2014 that the hotel use was added back into the Use Table. This time as a use allowed within B-2 districts via Special Exception approval by the Board. As previously mentioned, the applicant does not propose any change to the existing hotel use or structures at this time. The purpose of this application is to request approval of the hotel use so that the site may operate under a Special Exception rather than as a legal non-conforming use. If approved, the subject site will be able to be redeveloped with a future hotel use under the current standard conditions listed within the Zoning Ordinance in addition to any conditions of approval the Board sees fit to Page 8 of 19 BOA 26.11 – Hampton Inn September 21, 2026 Page 2 of 4 require with this application. It should be noted, however, that with the adoption of the recent amendments to the Zoning Ordinance in July 2026, Site Plan review is now required for any hotel being proposed within any zoning district. Meaning that, if approved, while the Board of Adjustment will not have a chance to weigh in on any future hotel use on the subject site, the City Council will review any future site plans should the existing hotel be altered or the site redeveloped. Lastly, it should be noted that this application is a Special Exception request for the hotel Use only. Any and all future signage must be separately permitted in full compliance with the City of Fairhope Sign Ordinance. The complete application, including the applicant’s narrative/description, can be found included within the agenda packet. Citizen Comments During the public comment period staff did not receive any citizen comments. Page 9 of 19 BOA 26.11 – Hampton Inn September 21, 2026 Page 3 of 4 SPECIAL EXCEPTION CONSIDERATIONS Article II Section C.3.e(2) of the City of Fairhope Zoning Ordinance states that any other application (i.e. Administrative Appeal or Special Exception) shall be reviewed by the Board of Adjustments under the following criteria: 1) Compliance with the Comprehensive Plan; 2) Compliance with any other approved planning document; 3) Compliance with the standards, goals, and intent of this ordinance; 4) The character of the surrounding property, including any pending development activity; 5) Adequacy of public infrastructure to support the proposed development; 6) Impacts on natural resources, including existing conditions and ongoing post-development conditions; 7) Compliance with other laws and regulations of the City; 8) Compliance with other applicable laws and regulations of other jurisdictions; 9) Impacts on adjacent property including noise, traffic, visible intrusions, potential physical impacts, and property values; and 10) Impacts on the surrounding neighborhood including noise, traffic, visible intrusions, potential physical impacts, and property values. 11) Overall benefit to the community; 12) Compliance with sound planning principles; 13) Compliance with the terms and conditions of any zoning approval; and 14) Any other matter relating to the health, safety, and welfare of the community. Recommendation: Based on the preceding, Staff recommends APPROVAL of BOA 26.11 – 23 N Section St. Page 10 of 19 EXHIBITS BOA 26.11 – Hampton Inn September 21, 2026 Page 4 of 4 Locator Map Page 11 of 19 Page 12 of 19 Page 13 of 19 Page 14 of 19 Page 15 of 19 Page 16 of 19 Page 17 of 19 Page 18 of 19 THE CITY OF FAIRHOPE, ALABAMA PLANNING & ZONING DEPARTMENT 451 Pecan Ave, PO Box 429, Fairhope, AL 36532 251-928-8003 | www.fairhopeal.gov | planning@fairhopeal.gov 1 of 1 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 Notiﬁcation Letter September 4, 2026 RE: BOA 26.11 Address: 23 N. Section Street PPIN #: 15311, 15195 Description: Owner, HH Section Street Hospitality LLC, for a Special Exception for a Hotel on property zoned B-2, General Business District. Dear Property Owner, State law requires that all property owners within 300’ of a property that is the subject of an application before the Board of Adjustment to be notiﬁed by mail. The Baldwin County Revenue Office provided your information as a current property owner within 300’ of the request detailed above. This letter is to notify you that the City of Fairhope Board of Adjustment will hold a public hearing regarding the above request at 5:00 PM in the Council Chambers located in the Fairhope Municipal Complex at 161 N. Section Street on September 21, 2026. Should any desire to provide written comments prior to the public hearing ALL written comments and/or presentation materials MUST be received by the Planning Department by no later than noon on September 16, 2026, in order to ensure adequate time for review and distribution to the Board members. Written comments/materials received after this deadline may not be included in the advance report packet but may be submitted for the record at the public hearing. A detailed staff report and application materials will be posted online during the week prior to the public hearing at www.fairhopeal.gov under the Agendas and Minutes tab. FRAUDULENT & SUSPICIOUS EMAILS The City of Fairhope Planning Department is aware of fraudulent emails impersonating City Staff and Commission members requesting payment for permits or services via wire transfer. Please note that the City of Fairhope will never request payment of any kind via wire transfer and application fees will always be processed prior to a case going before any Board or Commission. If you receive a suspicious message please notify the Planning Department right away and do not click any links, open attachments, or send any payment or personal information. Should you have any questions or concerns, please contact the Planning Department. Cordially, Janine Saykes Janine Saykes Planning Clerk Page 19 of 19