Mobile Planning Commission Meeting (2025-12-18)

The City of Mobile Planning Commission convened on December 18, 2025, to review 13 agenda items comprising holdovers and new requests, including subdivisions, rezonings, conditional use permits, and sidewalk waivers. The meeting featured public testimony regarding a subdivision's retention pond placement and opposition to a commercial sidewalk waiver. Deliberation resulted in the approval of most routine subdivision and PUD modification requests, a denial of a sidewalk waiver for 775 Schillinger Road, a denial of a dedication waiver for the Cottages at Spring Hill Subdivision, and a holdover for the 5330 Moffat Road conditional use permit.

Consent Calendar

• Item 1 (5906 U.S. Highway 90 West): Applicant requested withdrawal; confirmed by staff.
• Item 5 (58 Battery Lane): Applicant requested withdrawal; confirmed by staff.

Public Comments & Testimony

• Michael Smith (Resident of 6950/6960 Moffat Road - Chavers Oaks Subdivision): Expressed strong opposition and concern regarding the placement of the retention pond adjacent to his property line, citing fears of increased mosquitoes, snakes, and lack of maintenance (aeration/fencing). He felt the plat indicated the pond was further back than the engineering plans.

Discussion Items

• Cottages at Spring Hill Subdivision (5070 Old Shell Road): Applicant (Jonathan Petty) requested waivers for Item 2 (30-foot right-of-way dedication on Parkway Street East/East Border Drive) and Item 5 (reducing setback from 25 feet to 5 feet). Commissioners noted that the Item 5 request is a variance requiring Board of Adjustment approval, while Item 2 is within the Commission's purview. Commissioner Woods questioned the viability of the proposed infiltration drainage system given the local heavy red clay soil, citing concerns about insufficient permeability compared to closed drainage systems. Commissioner Denson clarified the overlay district requires a 6-foot minimum/25-foot maximum setback.
• 5330 Moffat Road (Community Use Permit - Holdover): Staff reported the application was held over because it lacked a revised site plan demonstrating compliance with Unified Development Code standards. The applicant requested a conditional approval to facilitate a pre-development meeting with a registered architect to resolve deficiencies. Staff advised that the ordinance prohibits recommending approval for incomplete applications; the applicant agreed to a holdover for the January meeting.
• 775 Schillinger Road South (Sidewalk Waiver): Applicant (Michael Hicks) argued that existing site constraints (storm drains, junction boxes, utilities, topography) and safety issues (traffic crossing drive-thru lanes) made sidewalk construction impractical. Commissioner Edwards opposed the waiver, arguing that the area is a commercial corridor with future walkability intentions and that waiving the requirement contradicts city goals for a walkable city.
• 580 Providence Park Drive East (PUD Modification): Applicant (John) questioned the requirement for a sidewalk on a private drive, citing a similar adjacent development (Ball Healthcare) that did not install sidewalks on their private drives during construction. Staff clarified that subdivision regulations require sidewalks on all street frontages regardless of public/private status unless a waiver is granted. Commissioner Amberger suggested that since the project currently only adds parking (not new buildings), the condition could be struck or modified rather than waived, though the Commission ultimately moved to strike the condition.
• 1800 Dolphin Island Parkway (Resubdivision & PUD Termination - Fulton Road Baptist Church): Applicant (Gerald Bird) requested waivers for widening Dolphin Island Parkway and the corner radius at Magnolia/Dolphin Island, citing a 45-inch protected live oak tree that necessitates the space. Commissioner Woods argued against waiving the corner radius (functional need) but agreed to waiving the right-of-way widening, as the road is maintained by ALDOT. The group agreed to require the 25-foot radius but waive the 5-foot widening.

Key Outcomes

• Cottages at Spring Hill Subdivision (No 2): Motion to waive dedication items 2 and 5 failed (4 in favor, 3 opposed). Commissioner noted bylaws require 6 affirmative votes. The applicant requested a new application or further discussion at a future date.
• 5330 Moffat Road: Motion to hold over the conditional use permit to the January meeting approved.
• 6151 Marina Drive South (PUD Major Modification): Motion approved subject to staff recommendations and findings of fact A through H.
• Subdivision at 3603 Kent Road: Motion approved subject to staff recommendations.
• Subdivision at 1645/1655 Dawes Road: Motion approved subject to staff recommendations, striking condition #1 (widening) and revising condition #4 to a 45-foot setback.
• Cypress Park Drive/Shipyard Road Subdivision: Motion approved subject to staff recommendations, including waivers for width-to-depth ratio and excess street frontage.
• Chavers Oaks Subdivision (6950/6960 Moffat Road): Motion approved subject to staff recommendations.
• 775 Schillinger Road South (Sidewalk Waiver): Motion to deny the waiver approved.
• 1356 Government Street & 120 Espigo (Religious Facility Conditional Use Permit): Motion approved subject to staff recommendations and findings of fact 1 through 8.
• 580 Providence Park Drive East (PUD Modification - Parking): Motion approved subject to staff recommendations, adopting findings of fact A through H, and striking condition #6 (sidewalk requirement on private drive).
• 1800 Dolphin Island Parkway (Subdivision & PUD Termination): Motion to approve the subdivision passed (striking condition #2). Motion to terminate the previously approved PUD passed.
• Recusals: Commissioner Brislin recused himself from Item 11 (Religious Facility rezoning) due to ethical rules but did not affect the quorum.