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Council approves Vatan mixed‑use modification after heated tree‑and‑sidewalk debate
Summary
Council approved a modification to the Vatan mixed‑use site plan but spent more than an hour arguing whether to require a new Church Street sidewalk that experts warned would threaten heritage live oaks. The final approval moved forward with staff recommendations and a bike‑lane stripe alternative.
Fairhope — A contentious debate over whether to install a zoning‑required sidewalk or to protect four heritage live oaks on Church Street dominated the May 11 council meeting, ending in approval of a modified site plan that favors a staff‑recommended alternative.
The Vatan mixed‑use development modification (northeast corner of Magnolia Avenue and North Church Street) sought to update a previously approved plan. Planning staff and a third‑party arborist concluded that constructing the required sidewalk in the right‑of‑way would likely cause significant root damage to four established live oaks. The tree committee and city horticulture echoed that assessment.
Owner David Ryan told the council he had asked an arborist to produce a written report after the initial sidewalk plan was circulated. "When I see a train wreck coming I want to stop the train wreck," Ryan said, explaining why he and his consultants recommended removing the sidewalk requirement to preserve the heritage trees.
The planning commission had added a condition asking council not to require the sidewalk; commissioners did not recommend approval without that modification. Several councilors objected to deleting sidewalks in the heart of the central business district, noting long‑term walkability goals and the precedent it might set. Alternatives debated included a narrower ADA‑compliant path (three feet), a four‑foot striped bike lane in lieu of sidewalk, raised boardwalks, or shifting the roadway two feet to preserve roots.
After extended discussion and amendments to wording, council approved the site modification with staff recommendations to permit striped bike‑lane treatment along the east side of Church Street (minimum 4 feet) and to coordinate final design with public works. The council also asked staff to continue seeking tree‑friendly construction methods and to present refined plans for any future work on Church Street.
What happens next: Staff will coordinate final design details and file any necessary subdivision/site‑plan recordation changes; future upgrades on Church Street will be evaluated with tree protection a prime consideration.
