Fairhope planning commission unanimously approves Battles Trace Phase 9, recommends Staggers mixed-use project and several zoning actions

The Fairhope Planning Commission on March 6 approved the preliminary plat for Battles Trace Phase 9 and voted unanimously on a set of other land-use items, including recommending the Staggers mixed-use site plan to city council and accepting a city resolution temporarily suspending certain residential multiple-occupancy and subdivision applications.

The commission approved SD 25.04 (Battles Trace Phase 9), a preliminary plat for an approximately 22.4-acre, 81-lot subdivision zoned TR (Tourist Resort District). Staff recommended approval with two conditions: (1) show the remaining remnant parcel on the plat as a lot of record and (2) add a 20-foot undisturbed buffer along the northern boundary adjacent to Hilltop Subdivision; the commission voted to approve the case subject to staff recommendations.

Why it matters: the vote advances a multi-phase development that residents said could affect drainage, tree cover and neighborhood buffers. Commissioners and staff stressed that stormwater maintenance will be the responsibility of the homeowners association and that a maintenance plan for the subdivision is required before construction proceeds.

Discussion and public concerns Residents who spoke during the public hearing urged protections for trees and asked how the 20-foot buffer would be enforced. Hilltop resident Jim Ellis said the developer’s concessions were “certainly a reasonable compromise,” but asked how the fence and trees that straddle property lines would be protected. Staff and the applicant said tree-protection fencing and BMPs (best management practices) will be shown on construction plans and that the undisturbed buffer will be recorded on the final plat.

Several residents raised questions about drainage and regional runoff. The city’s planning staff and the applicant said the subdivision ties into a master drainage system that each phase has been connected into and that the HOA will be required to maintain the system. Staff said the engineer of record inspected the system and reported “minor erosion, sloughing, and sedimentation issues” that do not affect overall performance and that maintenance work was anticipated to begin in about 60 days.

Utility reviews and AT&T projects (consent agenda) The commission approved the consent agenda, which included five utility facility upgrade reviews for AT&T in portions of Fairhope. Commissioners and nearby residents pressed AT&T on timeliness for removing old poles and cleaning up lines. Wade Mitchell, AT&T’s county engineer, said the company has regular contact with city staff and that residents should route issues through city departments so AT&T can address them: “calling in to our 800 number is typically for somebody trying to initiate service or report trouble… I would encourage them to contact us through the city departments that have our direct contact numbers, and we get them addressed in a timely manner,” Mitchell said. Staff reported eight remaining poles on the Morphy project that require Mediacom or Unity to relocate lines before removal.

Downtown site plan and multiple-occupancy approval (Staggers project) The commission recommended approval of SR 24.07 (site plan) and approved SD 25.01 (a three-unit multiple-occupancy project) for the Staggers mixed-use building on Morphy Avenue (B-2 General Business zoning). The 0.2-acre site plan proposes three units (two residential units above ground-floor commercial), two dedicated on-site parking spaces for the residential units, and two additional parallel public parking spaces to be created in the right-of-way. Staff said the building height is 39 feet, 1 inch (below the 40-foot CBD limit) and that mechanical equipment will be screened.

Nearby property owner Carolyn Booth raised concerns about noise from air-conditioning units and an absent fence between properties. Architect Bill Labitard told the commission the commercial mechanical units are in a courtyard and “there is an 8 foot fence around that, so you should not be able to hear it or see it.” Staff and the applicant agreed to add a plan note to install the rear fence and required landscaping early in construction where feasible.

Other items - CZ 25.02: The commission recommended approval of a minor PUD amendment for Hermitage Court (620 Hermitage Court). The amendment reallocates property within the PUD so a lot owner can enlarge a backyard; staff described the change as administrative, subject to final replatting and recorded documents. - Resolution 2025-03: The commission accepted a resolution aligning the planning department with a city council resolution temporarily suspending consideration of certain residential multiple-occupancy projects and subdivision applications for a nine-month period, consistent with Ordinance 18-3.

Votes at a glance - Consent agenda (including five AT&T utility reviews): approved (unanimous). - SD 25.04 Battles Trace Phase 9 (preliminary plat; ~22.4 acres, 81 lots; TR zoning): approved (subject to staff conditions; unanimous). - SR 24.07 Staggers mixed-use (site plan recommendation to city council): recommended for approval (unanimous). - SD 25.01 Staggers mixed-use (three-unit multiple-occupancy project): approved (unanimous). - CZ 25.02 Hermitage Court PUD amendment: recommended for approval (unanimous). - Resolution 2025-03 (temporary suspension of certain applications under Ordinance 18-3): accepted (unanimous).

What’s next Site-plan cases won by recommendation will go to the City of Fairhope City Council for final action where noted; the Battles Trace preliminary plat and other approvals require the applicant to meet the stated plat notes, record the final plat and comply with required construction and tree-protection plans before substantial land disturbance.