By Mike Odom
Staff Writer

FAIRHOPE, Ala. — A revised plan to increase the size of a “big box” grocery store at the northern entrance to Fairhope where Veteran’s Drive meets U.S. 98 is first on the agenda for a public hearing at Monday’s Planning and Zoning Commission meeting.

A city sign marks a portion of the Triangle property. The Fairhope Planning and Zoning Commission will consider a request for zoning change at its Monday evening meeting. Staff photo by Mike Odom.

This will be the second time in four months that changes in the Village North planned unit development (PUD) located at the “Triangle” property and on the north side of Veteran’s Drive have been brought before the commission.

Normally, the commission would make a recommendation and the City Council would have the final say.

“Publix approved the site at 54,000 (square feet), and that’s why we’re going back (to the commission),” said Christopher Baker, director of planning at Hutchinson, Moore & Rauch, who is expected to present the current application to increase the size of the grocery store at Monday’s meeting.

On Dec. 3, 2007, the commission voted 5-3 against a proposed change in the PUD to increase the size of the grocery store in the mixed-use development from the original 18,000 square feet to 46,031 square feet, according to city planning department documents.

An audience, estimated by local officials at more than 300 people, attended that public hearing, where 15 people spoke against the proposal and one in favor of it, according to minutes of the meeting.

Commission members voting against the proposed increase in the size of the grocery store were: Chairperson Jean Wilson, City Council President Bob Gentle, Mayor Tim Kant, Water and Sewer Department Director Dan McCrory and Bob Clark. Voting in favor of the proposal were: Dick Charles, Lee Turner and Ed Brinson. Gary Moore abstained.

Following that vote, the application for an amendment to Village North was placed on the Feb. 25 City Council agenda.

The Friday before the Monday hearing, the applicant asked to remove the item from the council agenda.

“Please accept this letter as a request to remove the rezoning case regarding Village North from the City Council agenda on Feb. 25, 2008,” Baker wrote in a Feb. 22 letter to the planning department. “Pursuant to procedural steps outlined by Mr. Chris Gill as we are requesting that the Planning Commission consider a revised site plan. The nature of the revision is predicated on the fact that Publix approved the grocery store size at approximately 54,000 square feet.”

The planning department sent an e-mail that day to interested parties about the removal of the item from the agenda because a large number had shown an interest in attending the meeting, planning department staff said.

The Village North PUD was created by ordinance in November 2001 and amended on Dec. 11, 2002.

Baker was director of the city’s planning department at that time.

He said that he had not been directly involved in negotiations with Publix regarding the Village North. Wallace Real Estate was handling those issues for the owners of the property, the Dyas family, he said.

Five other issues are on the Monday commission agenda, with a total of five public hearings for the night. Four of the items will be presented by HMR engineering firm.

The second to last item on the agenda is a request by Arthur Corte for final plat approval of the Fairhope Village at Fly Creek subdivision located at the southeast corner of U.S. 98 and Parker Road. The commercial aspect of that PUD has already received approval for a 52,000 square-foot grocery store. At an earlier hearing, Corte said that he had met with Publix representatives who showed an interest in locating a store at his location.

On its Web site, Publix states that for those “interested in submitting a possible site to be considered by Publix, the following is the appropriate mininum (size) for the following prototype (stores): 28,000 square feet, 39,000 square feet, 45,000 square feet and 54,000 square feet.”

Publix Super Market officials did not respond to a request for comment for this story.

After the commission makes its recommendation regarding the Village North proposal, the applicant is expected to have the matter considered by the City Council for a final decision. That decision by the council can be appealed to state courts.

“Based upon the Dec. 3, 2007, Planning Commission hearing and the action of the (commisison), staff recommends the (commission) deny the Village North PUD amendment,” the planning department’s “staff interpretation” regarding the proposed changes to be heard Monday night states.

The Planning and Zoning Commission meeting is at 5 p.m., Monday, April 7, in City Council chambers.

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