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HomeMy WebLinkAbout09-10-2026 Fairhope Planning Commission MinutesFairhope Planning Commission Minutes September 10, 2026 -5:00 PM ADMINISTRATIVE The Planning Commission met Thursday, September 10, 2026, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: X Lee Turner, Chairman X Paul Fontenot Rebecca Bryant, Vice Chairman X Kim McCormick X Janine Saykes, Secretary X John Worsham X Harry Kohler X Erik Cortinas Hollie MacKellar X Joshua Gammon (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; and Janine Saykes, Planning Clerk. Chairman Lee Turner called the meeting to order at 5:01. CONSENT AGENDA •Approval of the Minutes-August 3, 2026 A correction was made on page 2 of the August minutes to reflect Kim McCormick was absent and did not vote on ZC 26.08. Erik Cortinas made a motion to approve the minutes. Kim McCormick seconded the motion, and the motion carried unanimously with the following vote: AYE: Lee Turner, Paul Fontenot, John Worsham, Joshua Gammon, Harry Kohler, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None OLD BUSINESS A.ZC 26.08 Continuation of discussion and public hearing regarding potential amendments to Building Height. Hunter Simmons, Planning and Zoning Director, discussed a plan to create a sub-committee to study and make recommendations regarding the Building Height amendments. Erik Cortinas stated that he thought a sub-committee was a good idea. Chairman Turner agreed. There was further discussion on the details of what would be discussed and possibilities of specific people to ask to participate on the committee. Fairhope Planning Commission Minutes -September 10, 2026 1 John Worsham made a motion to create a sub-committee to investigate Building Height. Kim McCormick seconded the motion, and the motion carried unanimously with the following vote. AYE: Lee Turner, Paul Fontenot, John Worsham, Joshua Gammon, Harry Kohler, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None B.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. Mike Jeffries, Development Services Manager, presented the request on behalf of the Applicant. This case was previously tabled in June for further study for co-location. Mr. Jeffries stated that the existing pole will be moved ten (10) feet to the north allowing more separation from an existing Right-of-Way tree. This will be replacing a pole that is already there. Right-of-Way and utilities agree with the co­ location. Staff recommends Approval of UR 26.05-5 North Church Street with the following conditions: 1.Install a street light arm on the pole as required by ROW and Utilities; 2.A pre-construction meeting shall be held with the City prior to issuance of any permits; 3.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; 4.Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work; and 5.Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day). Chairman Turner asked if there were any questions for staff. No questions were asked. John Worsham made a motion to approve UR 26.05 -5 North Church Street with Staff recommendations. Erik Cortinas seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Paul Fontenot, John Worsham, Joshua Gammon, Harry Kohler, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None C.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. Mike Jeffries, Development Services Manager, presented the request on behalf of the Applicant. This case was previously tabled in June for further study of viability to find an option on adjacent buildings or other options. Mr. Jeffries stated this request is for a new pole at the proposed location. The Applicant has stated that they have not produced another option and may need more time. Staff recommends Approval of UR 26.07 -100 North Bancroft Street 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; Fairhope Planning Commission Minutes -September 1 O, 2026 2 3.A pre-construction meeting shall be held with the City prior to issuance of any 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 (1000ft max per day); and 7.Co-location shall be required if a viable option is determined. Chairman Turner asked if there were any questions for Staff. Joshua Gammon asked what is considered viable? Mr. Jeffries stated a location on an adjacent building on top of the parapet wall, or another pole location in the vicinity. Mr. Gammon asked if that is determined by the city or Verizon. Mr. Jeffries stated Verizon would provide the information whether it goes to City Council or comes back to the Planning Commission. There was more discussion on the options that Verizon has at this time. Chairman Turner asked the Applicant if he would like to speak. Bob Chopra representative for S.A.M., agent for Verizon Wireless requested to table UR 26.07 while they look at other colocation options in the area. Erik Cortinas made a motion to accept the Applicant's request to table UR 26.07 -100 North Bancroft Street until the November Planning Commission meeting. Joshua Gammon seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Paul Fontenot, John Worsham, Joshua Gammon, Harry Kohler, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None D.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. Mike Jeffries, Development Services Manager, presented the request on behalf of the Applicant. This case was previously tabled in June for further study of viability to find an option on adjacent buildings or other options. The Applicant is proposing to replace an existing light pole on North Section Street south of Magnolia Avenue. Staff recommends Approval of UR 26.08-319 Magnolia Avenue with the following conditions: 1.Install a street light arm on the pole as required by ROW and Utilities; 2.A pre-construction meeting shall be held with the City prior to issuance of any permits; 3.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; 4.Provide a Traffic Control Plan to ROW Inspector prior to commencement of any work; and 5.Applicant shall contact Alabama One Call to locate all existing utilities (1000ft max per day). Chairman Turner asked if there were any questions for Staff. No questions asked. Fairhope Planning Commission Minutes -September 1 o, 2026 3 Joshua Gammon made a motion to approve UR 26.08 - 319 Magnolia Avenue with Staff recommendations. John Worsham seconded the motion and the motion carried unanimously with the following vote: AYE: Lee Turner, Paul Fontenot, John Worsham, Joshua Gammon, Harry Kohler, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None NEW BUSINESS E.UR 26.14 Request of C-Spire for an 11.52.11 Utility Review and approval of the proposed installation of 21,739± LF fiber cable at 9020 Morphy Avenue. Mike Jeffries, Development Services Manager, presented the request on behalf of the Applicant. This fiber cable installation is in the Edington Place and Fox Hollow neighborhoods. Mr. Jeffries shared the area map. Staff recommends Approval of UR 26.09-9020 Morphy Avenue 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-builts 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). Chairman Turner asked that the city utilities make sure the trees are protected in the area. Mike Jeffries stated that during permitting for utility reviews, the Horticulturalist also reviews the area that is being bored. Mr. Jeffries stated that he will make sure the Right-of-Way people and Horticulturalist are aware of the Chairman's concerns. Chairman Turner asked if there were any questions for Staff. No questions were asked. John Worsham made a motion to approve UR 26.14 -9020 Morphy Avenue with Staff recommendations. Kim McCormick seconded the motion, and the motion carried unanimously with the following vote. AYE: Lee Turner, Paul Fontenot, John Worsham, Joshua Gammon, Harry Kohler, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None Chairman Turner asked if the Verizon Applicant would like to give an update on current progress of previous projects. Bob Chopra representative for S.A.M., agent for Verizon Wireless stated that foundations have been installed on two (2) of the five (5) new small cell replacement poles being constructed. Hopefully Fairhope Planning Commission Minutes -September 1 o, 2026 4 within the next two (2) months you will see them going vertical. Mr. Chopra said this will help with coverage in the city. Joshua Gammon asked what part of the city this will cover. Mr. Chopra stated the west side. Mr. Gammon asked when will customers see a noticeable impact to their cell service. Mr. Chopra said approximately sixty (60) days. F.ZC 26.09 Public hearing to consider the request of the Applicant, Oletha and Samuel Curry Sr., to rezone property from R-4, Low Density Multi-Family Residential District to B-4, Business and Professional District. The property is located at 763 Northrop Avenue and is 0.19± acres. PPIN#: 47629 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 survey of the subject property. The subject site has no prior history with the Planning Commission or Board of Adjustment. Ms. Melton-Null stated there have been recent zoning changes approved nearby. The property is located within the Medical Overlay District and is subject to full compliance with Article V, Section H of the City of Fairhope Zoning Ordinance. Ms. Melton-Null stated there are uses on Table 3-2 that are not allowed under the current R-4 zoning that will be available with B-4 zoning that are also acceptable within the Medical Overlay District. These are: Accessory Dwelling, Mixed-Use Buildings, General and Professional Office, Mortuary or Funeral Home, Personal Storage, and Limited Manufacturing. Staff recommends Approval to City Council for ZC 26.09 -763 Northrop Avenue to rezone property from R-4, Low Density Multi-Family Residential District to B-4, Business and Professional District. Chairman Turner asked if there were any questions for Staff. Joshua Gammon asked what the difference was between B-2 and B-4 allowances. Ms. Melton-Null stated there are several. They are listed in the staff report. There is a table listing them as well. Chairman Turner stated that a synopsis would be that B-2 is considered retail use and B-4 is considered office use. Hunter Simmons stated B-2 is more intense. Mr. Simmons stated that if there was concern with some of the allowable uses there could be specific conditions set for this in the Ordinance. Chairman Turner asked if the Applicant would like to speak. Mrs. Oletha Curry, 763 Northrop Avenue, Fairhope-stated that she has lived there for forty-four (44) years and the reason they would like a zoning change is because Thomas Hospital has taken over the area. We do not feel like we live in a community anymore. Mrs. Curry stated there is a lot going on there with the noise and traffic. Mrs. Curry said she loves Fairhope and wants to stay there and she cannot afford to move if it stays residential. The hospital has gone commercial and she feels she needs to also. Mrs. Curry feels that this will put her in a better position if she must sell. Chairman Turner opened the public hearing at 5:32 pm. Jimmy Daly, 772 Northrop Avenue, Fairhope -stated his Mother lives at this address and his sister lives next door. Mr. Daly said he sees no reason to rezone because the hospital wants the property. The hospital is going to pay whatever it takes to get it. Mr. Daly stated if you change to a business your Fairhope Planning Commission Minutes -September 1 O, 2026 5 taxes are going to go up. You do not need to change it because the hospital is going to give you what you want when they decide to do it. Margaret Daly, 18735 Bell Owl Cir. Apt. C, Robertsdale-asked how this rezoning will affect the properties surrounding it. Chairman Turner said he does not think it will affect anything. Not the subject property or those around it. He thinks it is a waste of time and money, but they have a right to do it. Chairman Turner stated he does not see what they are gaining or losing because the Medical Overlay District allows the same uses as the Business and Professional District. Chairman Turner stated he cannot think of one thing that would be different. Erik Cortinas asked if they change from R-4 to B-4 how does that affect the current use if it remains a residence? Will that affect their ability to get permits, do renovations, or add sheds? Hunter Simmons stated that it could have a negative impact because it creates nonconformities. If they stay there they are fine. Mr. Cortinas stated he wants to make sure that the Applicant is aware that there cannot be changes to the house once this is rezoned. It will limit the ability to do any other work on the house, other than maintain what is there. Ruben Odom, 767 Northrop Street, Fairhope -asked if they would be getting their road fixed. They tore up the road about nine (9) months ago and it is not fixed. Hunter Simmons stated that Planning and Zoning have nothing to do with repaving. That is through the city and there is a list of repaving projects. Mr. Simmons stated he does not know what is on the list. Joshua Gammon asked why the road was torn up. Mr. Odom stated that there was sewage work done. Chairman Turner suggested Mr. Odom call Public Works. Erik Cortinas said that he will talk to the utility department. Chairman Turner closed the public hearing at 5:40 pm. John Worsham made a motion to recommend approval to City Council ZC 26.09 - 763 Northrop Avenue to rezone property from R-4, Low Density Multi-Family Residential District to B-4, Business and Professional District. Erik Cortinas seconded the motion, and the motion carried unanimously with the following vote: AYE: Lee Turner, Paul Fontenot, John Worsham, Joshua Gammon, Harry Kohler, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None G.ZC 26.10 Eastlake Village-Tabled at the Applicants request Planning and Zoning Director Hunter Simmons stated the Applicant requested to table ZC 26.10. We plan to have them on the October Planning Commission agenda. H.SD 26.16 Public hearing to consider the request of the Applicant Goodwyn Mills Cawood, LLC, on behalf of the owner, Eastpark LLC, for Preliminary and Final Plat Approval of South Section Townhouse Condominium, a 3-lot Minor Subdivision on property zoned R-3TH, High Density Single- Fairhope Planning Commission Minutes -September 10, 2026 6 Family Townhouse Residential District. The property is located on the east side of Section Street, south of Fels Avenue and is 0.39± acres. PPIN#: 41038 Mike Jeffries presented the request on behalf of the Applicant. Mr. Jeffries shared the zoning and aerial maps. This project had been before the Planning Commission April 4, 2022, and July 1, 2024. The project was approved both times but never had a plat recorded to finalize the project. Mr. Jeffries stated the request is the same as before. To create three (3) condominium lots. An existing residence was modified, one new townhome is almost complete, and one condominium lot had not started construction. Staff recommends Approval of SD 26.16 South Section Townhomes Minor Subdivision with the following conditions: 1.Provide a solution for fire protection as proposed by the consultant; 2.Sidewalk and landscaping shall be installed before issuance of C/O; and 3.Add the additional drainage infrastructure at the rear of the driveway per the EOR recommendation. Chairman Turner asked if this is a Preliminary and a Final Plat? Mr. Jeffries stated yes. Chairman Turner asked for clarification on why it is also a Preliminary Plat. Mr. Jeffries stated that a Minor Subdivision is Preliminary and Final at the same time but this was never recorded. The Final Plat expired twice. Mr. Jeffries stated there are no changes but procedurally they had to go through the process again. Scott Hutchinson, Engineer of Record for Goodwyn Mills Cawood, LLC stated he cannot answer why it did not get recorded the two (2) times before. Mr. Hutchinson said he thinks it was just miscommunication. He stated that nothing has changed since the last approval. Chairman Turner opened the public hearing at 5:48 pm. David Hudgens, 205 Cain Lane, Fairhope -stated he worked for Dyas LLC, who built the condominium. The last time they built a condominium in the city was over twenty (20) years ago and it did not require the Final Plat to be recorded. They did not realize the change and therefore, it was not recorded. Chairman Turner closed the public hearing at 5:49 pm. Erik Cortinas made a motion to approve SD 26.16 South Section Townhome with Staff recommendations and recording of the Final Plat. Kim McCormick seconded the motion, and the motion carried unanimously with the following vote: AYE: Lee Turner, Paul Fontenot, John Worsham, Joshua Gammon, Harry Kohler, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None Fairhope Planning Commission Minutes -September 1 O, 2026 7 ADJOURNMENT Chairman Turner made a motion to adjourn. The motion carried unanimously with the following vote: AYE: Lee Turner, Paul Fontenot, John Worsham, Joshua Gammon, Harry Kohler, Kim McCormick, and Erik Cortinas NAY: None ABSTAIN: None Adjourned at 5:51 pm. �� 1ee-iumer, Chairman Fairhope Planning Commission Minutes -September 1 0, 2026 8