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.
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Fairhope Planning Commission Minutes -September 1 0, 2026 8