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Planning Commission recommends annexation of two parcels to B-2 with 20-foot landscape buffers

City of Fairhope Planning Commission · July 8, 2025
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Summary

The Fairhope Planning Commission voted to recommend that the City Council approve conditional annexation and B-2 zoning for two adjacent parcels near the intersection of Highways 181 and 104, subject to a 20-foot landscape buffer where the parcels abut residential property.

The Fairhope Planning Commission voted to recommend that the City Council approve conditional annexation and B-2 (general business) zoning for two adjacent properties at the southwest corner of Highways 181 and 104.

Michelle (planning staff) told the commission the two properties'—Gold Kiss Corner LLC, doing business as Smith Fresh Kitchen (about 4.65 acres), and Advantage Holdings LLC, doing business as Smith Straw (about 2.23 acres)'are currently zoned B-4 by Baldwin County and that B-2 is the most comparable city district. Staff recommended approval with a 20-foot landscape buffer where the parcels abut residentially zoned property and asked that the Smith Straw parcel provide the city with the lessor/lessee information for an existing communications tower lease.

The recommendation followed staff's presentation that emphasized the zoning change itself does not automatically alter existing uses and that any future redevelopment would be subject to city regulations, including tree and buffer requirements. Commissioner (name not specified) moved to recommend conditional annexation and B-2 zoning for ZC 25.04 (Smith Fresh Kitchen); the motion was seconded and approved. The commission then moved to recommend conditional annexation and B-2 zoning for ZC 25.05 (Smith Straw) with two conditions: provide the city the lessor/lessee information for the communications tower lease and require a 20-foot landscape buffer where the parcel abuts residentially zoned property. That motion was seconded and approved.

Carrie Gover, a Fairhope resident, urged commissioners to consider pedestrian and bicycle connectivity tied to the city's comprehensive plan, saying the plan calls for suburban mixed-use centers to "be friendly to pedestrians and bicyclists." Staff and commissioners responded that sidewalks and connectivity issues are typically addressed during site plan or subdivision reviews when specific development proposals are submitted rather than during a straight zoning recommendation.

Commissioners discussed an existing communications tower on the Smith Straw parcel and confirmed it is a legal nonconforming use that was established under county jurisdiction. Staff noted the tower had gone through FAA and FCC processes at installation; commissioners said federal and city permitting rules would affect whether the structure could be rebuilt or altered if it were damaged.

The planning commission's actions are recommendations to the City Council; final annexation and zoning decisions will be made by the council. The commission voted unanimously on both recommendations.