In a standing room only meeting of the Fairhope Planning and Zoning Commission, commissioners split 4-3 and decided to table the final approval for a planned apartment unit near Fly Creek that has created a great deal of public controversy within the city.

During a public hearing before the decision, several Fairhope residents raised several concerns about the commission moving forward with approval.

“It has been my experience that whenever an apartment complex of any type or nature, doesn’t matter if it’s upper end or lower end, it affects the values of the property near that complex,” local realtor Faith Kaiser said. “I live in nearby Rock Creek and we all pay a lot of taxes in that area. If as a whole our property values go down, that tax base also goes down as a city, and that’s not to mention the overcrowding of schools and what may happen to Fly Creek.”

Many residents were concerned about moving forward on the project while there is an active lawsuit about the development ongoing.

“If you pass thing and shove it down our throat, all you’re doing is giving us more litigation,” Fairhope resident Francis Paul Ripp said.

Mayor-elect Karin Wilson said experts had told the city that Fly Creek was “already a watershed in peril” and that she opposed the project moving forward for other reasons.

“I think an impact study needs to be done on our schools that are already underfunded and overloaded,” Wilson said. “I also think the developer needs to agree to indemnify the city and pay for any defense for any litigation involving the Fly Creek.”

Planning Attorney Chris Gill told the crowd that it could be difficult to eventually deny final approval to the project because if all conditions that are set by the city’s subdivision regulations are met, the commission has a duty to approve it. If they failed to do so, the city could see further lawsuits brought by the developer.

Later in the meeting, Wilson said she wasn’t pleased with such answers, after the discussion had moved to another zoning issue.

“I don’t know that we have an attorney that is speaking on the citizens’ behalf,” Wilson said. “What can we do now for the citizens to have a say and for more studies to be done? I know I’m not asking for something unreasonable here.”

Since the item was tabled, the Planning and Zoning Commission will likely take the issue back up at its Oct. 3 meeting.