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Fairhope council faces heated public pushback on proposed zoning overhaul, mixed-use rules
Summary
The Fairhope City Council advanced a nine-part zoning rewrite into public hearings while residents and developers warned the proposed mixed-use, density and ground-floor commercial rules could discourage downtown housing and create unintended effects without clearer definitions and parking/height study results.
The Fairhope City Council spent the bulk of a lengthy meeting hearing public comment and staff explanations about a nine-ordinance package to amend the City of Fairhope Zoning Ordinance (Ordinance No. 12-53), centered on general cleanup, definitions, mixed-use rules and density limits.
Planning staff presented the package and said the changes are largely technical edits and clarifying definitions but acknowledged some sections — most notably the proposed mixed-use formula for the Central Business District (CBD) and its ground-floor commercial percentage — could reduce allowable residential density on some downtown lots. "We tried to parcel the changes so you can adopt portions without holding everything up," planning staff member Hunter said, while noting definitions and mixed-use rules are interdependent across the nine documents.
Developers and property owners pressed for delays or clearer language. "Wouldn't it make common sense to not discourage mixed use downtown while our comp plan encourages it?" asked Mac Walcott, a downtown property owner, urging council to table CBD-specific changes until parking, height and other studies are available. Developer Brian Britt gave a concrete example: on a downtown 13,280-square-foot lot his team had planned a restaurant with four or six residential units above; under the staff formula the site could be limited to three units, which he said would make the proposed project unworkable. "I don't see what problem we're trying to solve," Britt said, arguing current incentives and on-site parking rules already constrain excessive density.
Council members debated technical details including whether fractional unit calculations should be rounded up at 0.5, and whether to pass the text as advertised and amend later or to re-advertise revisions — a legal step sometimes required after substantive changes. One council member asked if the ordinance should use a discrete range approach rather than a formula; Hunter said staff could present ranges and examples showing how the units-per-acre metric plays out on typical CBD parcels.
The council did not adopt the ordinances tonight; they held public hearings on the components (definitions, mixed use, multifamily, PUDs, townhouses and tables) and moved to carry items forward for further consideration. Several council members said they prefer adopting a framework now and amending problematic items later rather than delaying the entire overhaul, while other members and many commenters urged greater caution and clearer technical tables before votes.
What happens next: The council will consider revisions and ancillary technical guidance (material coefficients for impervious-area calculations, rounding rules and implementation notes) before taking final action. Staff said they will attempt to provide clearer examples and write-ups that show the formula's concrete effects on typical downtown parcels.
