HomeMy WebLinkAbout12-06-2021 Planning Commission MinutesDecember 6, 2021
Planning Commission Minutes
The Planning Commission met Monday, December 6, 2021, at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Rebecca Bryant; Art Dyas; Harry Kohler; John Worsham; Corey Martin, City
Council Liaison; Jason Langley, Water and Sewer Director, Hunter Simmons, Planning
and Zoning Manager; Mike Jeffries, Development Services Manager; Allie Knutson,
Secretary; and Chris Williams, City Attorney.
Absent: Lee Turner, Chairman; Hollie MacKellar; and Clarice Hall.
Rebecca Bryant called the meeting to order at 5:06 PM.
Minutes from November 1, 2021, meeting:
Chris Williams, City Attorney, stated that condition Number 11 of SD 21.33 had been
amended.
Corey Martin made a motion to make the amendment and accept the minutes with no
further changes.
John Worsham seconded the motion and the motion carried unanimously with the
following vote:
A YE: Rebecca Bryant, Art Dyas, Corey Martin, Jason Langley, Harry Kohler, and John
Worsham.
NAY:None.
Old/New Business
• Approval of2022 Planning Commission Agenda Schedule and Deadlines
Corey Martin made a motion to accept the 2022 Planning Commission schedule.
John Worsham seconded the motion and the motion carried unanimously with the following
vote:
A YE: Rebecca Bryant, Art Dyas, Corey Martin, Jason Langley, Harry Kohler, and John
Worsham.
NAY:None.
• Comp Plan Discussion
Hunter Simmons, Planning and Zoning Manager, gave information on the upcoming
Comprehensive Plan meetings.
Rebecca Bryant stated that Item H, IR 21.01, would be moved to the front of the agenda.
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Planning Commission Minutes
IR 21.01 Request of the Applicant, Fabre Engineering, acting on behalf of the owner, Sena,
Inc., for an Informal Review of Monarch Hotel, a 39-unit project. The project is
approximately 0.6 acres and is located on the northeast corner of Bayview Avenue and
Fairhope Avenue.
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
Staff received a Site Plan application for a 39-Unit hotel at the subject property. Questions that staff
cannot answer were raised, which led to the informal review request. Property is zoned B-3b, which
allows a hotel 'by right'. Interestingly, a bed & breakfast is not allowed in B-3b, which we may need
to address via a zoning amendment.
There are Heritage Trees on the site, which are protected. 20' landscape buffer is also required on
Fairhope Ave. Plan is likely to change, but the applicant would like guidance on two questions: off-
site parking credits and re-plat.
40 parking spaces are required for the proposed 39-unit hotel. The proposed plan provides for 20
onsite parking spaces and 10 bicycle spaces to accommodate 22 of the required parking spaces. The
applicant provided a map stating there are 44 on-street existing parking spaces within 300' of the
subject property and would like to attribute 50% of that number to accommodate 22 of the required
spaces. Article IV, Section E.7. of the Zoning Ordinance provides that parking credits may be given
for on-street parking and bicycle parking. Depending on the application type, i.e. Site Plan vs. MOP,
either the City Council or Planning Commission will decide whether parking credits are given. Being
near public parks with little on-site parking (at the top of the bluff), staff believes all parking shall be
provided on-site. Applicant would like the Planning Commission's opinion.
Re-Plat: Subdivision Regulations, an administrative re-plat to combine lots without approval of the
Planning Commission. The proposed re-plat combines three lots into one.
The Commissioners discussed their concerns with the hotel taking up on-street parking and preserving
the culture of Fairhope.
Applicant, Robert Cummings with Fabre Engineering stated that they will be doing a major redesign
of the plans and clarified that the Commissioners were wanting 100% of the hotel parking to be on
site.
ZC 21.12 Public hearing to consider the request of Percy Dale to rezone property from R-1
Low Density Single Family to HTD (Highway Transition District). The property is
approximately 0.87 acres and is located on the west side of South Greeno Road, south of Carter
Lane at 19327 Greeno Road.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
Percy Dale requests to rezone the subject property from R-1, Low Density Single Family Residential
District to HTD, Highway Transitional District. The property is approximately 0.87 acres and is
located on the west side of South Greeno Road, south of Carter Lane at 19327 Greeno Road.
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The special standards listed in this section for the Highway Transitional District are intended to
provide an alternative to properties along state highways within the City of Fairhope that are beyond
the area of influence of the Village Nodes and Commercial Nodes as contemplated by the City of
Fairhope Comprehensive Plan and to provide development opportunities consistent with the City's
vision for commercial corridors to better serve community needs. Unlike other districts within this
section, the HTD is not an overlay district and does not affect any property owners, other than those
who voluntarily apply for rezoning to this district.
Recommendation:
Staff recommends approval of case ZC 21.12, 19327 Greeno Road, rezoning from R-1 to HTD.
Rebecca Bryant opened the Public Hearing. With no one present to speak, the Public Hearing was
closed.
Motion:
Art Dyas made a motion to approve Case ZC 21.12.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
AYE: Rebecca Bryant, Art Dyas, Corey Martin, Jason Langley, Harry Kohler, and John Worsham.
NAY:None.
ZC 21.15 Public hearing to consider the request of the Applicant, David Diehl PLS, acting on
behalf of the owner, Burgess Thomasson, to amend the existing PUD (Planned Unit
Development) for Montrose Preserve. The property is approximately 50 acres and is located
west of US Highway 98 across from the Rock Creek Subdivision.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
David Diehl PLS, acting on behalf of the owner, Burgess Thomasson, request an amendment to the
Thomasson PUD, originally approved in 2017 by Ordinance 1596. The developer is Larry Chason.
While the approved PUD allows for 77 total lots, the proposed amendment proposes 18 single-family
lots on the same acreage -53.94 acres. The gross density is .33 Units/Acre.
Originally presented in 2015 and approved in 2017, many revisions accommodating Commissioners as
well as surrounding neighbors lead to the approved PUD. Central to those concerns were connections
to existing public roads within Montrose. Consequently, the street layout of the Thomasson PUD, as
adopted, is not consistent with the City's connectivity requirements, but did address neighbor's
concerns and was unanimously approved by Commission and City Council.
While reviewing recent development proposals for the subject property, staff agrees, in this case,
connectivity to existing streets is not necessary and a PUD provides the proper tool to allow such
exceptions and flexibility in design. Staff views the currently proposed development, with a reduced
number of lots and the proposed use, as an improvement to the currently approved plan and would like
to recommend approval, but the following considerations exist.
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Setbacks and other dimensional requirements, as well as uses, shall follow R-1, Single-Family
Residential requirements. Building height is limited to 35' and total lot coverage is limited to 40%.
Proposed fencing has special requirements as illustrated on the Site Plan.
Street Access: No access to existing roads in Montrose, other than lots 1-3, which utilized the 3rd St
ROW. Access to each lot will be provided via Hwy 98 and/or Main St. Mechanism for providing
access to each lot not finalized, but the final solution may include, but not be limited to, the following
options: Vacation of ROW's, Agreements to include a privately maintained road in a public ROW,
shared access via easements inside lot lines. Garbage and recycling will be provided by the City of
Fairhope Public Works. All streets shall be approved by the Director of Public Works.
Sewer is serviced by Fairhope Utilities, Water is serviced through Daphne Utilities, Power serviced by
Riviera, Telecommunications will be through AT&T. Adequacy of public utility infrastructure shall be
required prior to submitting for a preliminary plat application.
By reducing the number of lots and increasing the size, the acreage of greenspace was reduced, but the
13.8 acres of greenspace provided, or 25.6%, exceeds the minimum 10% required. If approved, the 40'
buffer strip could increase the greenspace further. There is a 20' visual greenspace buffer required on
the north side of lot l and adjacent to the cemetery. The existing PUD contains a 40' buffer along
HWY 98 that is described as a visual barrier and highlighted on the plans below. During reviews for
the proposed development, staff failed to ask the applicant to include this 40' buffer on a revised site
plan but believes it to be important and suggest requiring it as a condition of approval. If approved, the
40' buffer shall also be included on Lot 18.
Lots 1-9 exist as historical lots of record, but conflict with the PUD approved in 2017. Lots 10-18 will
require a subdivision to creates new lots of record. Staff recommends preliminary plat, including all 18
lots, that clearly defined potential floodways, wetlands, buffers, access to utilities, drainage (if
required), and vehicular access.
Recommendation:
Staff recommends Case: ZC 21.15 Montrose PUD Amendment be Approved with the following
conditions:
1. A preliminary plat shall be required that includes the entire acreage. At minimum, the preliminary
plat shall provide street access to each of the 18 lots and be in substantial conformance with the
street layout as proposed on the Master Site Plan. The preliminary plat shall be approved by the
Fairhope Planning Commission prior to issuance of any building permits for any property located
within the PUD.
2. Street access to every lot shall be determined and approved by the Authority Having Jurisdiction
prior to submitting for Preliminary Plat or building permits.
3. Access from US HWY 98 shall be approved by ALDOT, and any required improvements shall be
installed solely at the Developer's expense.
4. Access from Main Street shall be approved by Baldwin County Highway and any required
improvements shall be installed solely at the Developer's expense.
5. If street access, in substantial conformance of the proposed site plan cannot be achieved within two
years, the approved PUD shall revert to the Montrose PUD approved in Ordinance 1956. The two-
year time frame may be extended only by the City Council.
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6. A 40' buffer shall be required on any lot abutting US HWY 98. The area within the buffer shall be
common area.
7. The buffers shown on the plans, and those required by condition, shall remain natural, except for
the allowance of plant materials to be installed where a visual buffer does not exist.
8. Where a visual buffer does not exist within buffer areas shown on the plan, or required by a
condition of approval, plant materials shall be installed to provide a visual barrier.
9. Any item not specifically outlined in the PUD Ordinance shall meet all pertinent regulations and
ordinances, including, but not limited to, those outline in R-1.
10. All streets, whether public or private, shall be approved by the City of Fairhope Public Works
Director.
11. Connections to existing utility infrastructure shall be determined prior to application for
preliminary plat.
12. Any outside agency permits (ALDOT, Baldwin County, ADEM, etc.) required shall be obtained
prior to submission of building permits.
Harry Kohler clarified that the strip between lots 3 and 4 would remain un-accessed.
Rebecca Bryant opened the Public Hearing.
Frank Barlow, 7144 Chapman Street, stated that he brought three copies of the National Register of
Historic Places Inventory regarding the Montrose Historic District and passed them out to
Commissioners. He also asked if the proposed lots could be further subdivided.
Mr. Simmons stated that they would have to come back and amend the PUD again.
Mr. Barlow mentioned that this PUD contains non-standard roads with many walkers and asked about
the buffer on Greeno Road.
Ack Moore, 22789 Ecor Rouge Lane, stated that he was born and raised on Rock Creek which is now
more like a ditch than a creek. He thought that the easement needed to be addressed and that the
topography was not shown.
Amy Thompson, l 08 Alsway Creek, wanted assurance that there would not be any rentals.
Eddie Webster, 18 Viale Bellezza, asked if the large lot (Lot 18) was a lot and was concerned about
the creek.
Sabrina Ruffin, 23679 3rd Street, asked for clarification of 3rd Street access.
Mr. Simmons stated that 3rd Street will only provide access to lots 1-3.
Debbie Quinn, 7172 Taylor Street, stated that she had gone to Baldwin County two years ago to get rid
of accesses and that the county was supposed to give access to the city, but that did not happen. Now,
she is concerned with Taylor Street and historic trees and also stated that the conservation easement
for this PUD had been changed.
Rebecca Bryant closed the Public Hearing.
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Mr. Simmons addressed the concerns. Short-term rentals are not allowed in R-1 zoning districts and
neither is an accessory unit that can be rented out. Lot 18 will have a limited buildable area due to the
topography of the lot. The conservation easement was never approved at City Council during the
original PUD, it was required to be a common area.
Motion:
John Worsham to approve ZC 21.15, subject to staff recommendations with an added 13 th condition:
1. A preliminary plat shall be required that includes the entire acreage. At minimum, the
preliminary plat shall provide street access to each of the 18 lots and be in substantial conformance
with the street layout as proposed on the Master Site Plan. The preliminary plat shall be approved by
the Fairhope Planning Commission prior to issuance of any building permits for any property located
within the PUD.
2. Street access to every lot shall be determined and approved by the Authority Having Jurisdiction
prior to submitting for Preliminary Plat or building permits.
3. Access from US HWY 98 shall be approved by ALDOT, and any required improvements shall
be installed solely at the Developer's expense.
4. Access from Main Street shall be approved by Baldwin County Highway and any required
improvements shall be installed solely at the Developer's expense.
5. If street access, in substantial conformance of the proposed site plan cannot be achieved within
two years, the approved PUD shall revert to the Montrose PUD approved in Ordinance 1956. The
two-year time frame may be extended only by the City Council.
6. A 40' buffer shall be required on any lot abutting US HWY 98. The area within the buffer shall
be common area.
7. The buffers shown on the plans, and those required by condition, shall remain natural, except for
the allowance of plant materials to be installed where a visual buffer does not exist.
8. Where a visual buffer does not exist within buffer areas shown on the plan, or required by a
condition of approval, plant materials shall be installed to provide a visual barrier.
9. Any item not specifically outlined in the PUD Ordinance shall meet all pertinent regulations and
ordinances, including, but not limited to, those outline in R-1.
10. All streets, whether public or private, shall be approved by the City of Fairhope Public Works
Director.
11. Connections to existing utility infrastructure shall be determined prior to application for
preliminary plat.
12. Any outside agency permits (ALDOT, Baldwin County, ADEM, etc.) required shall be obtained
prior to submission of building permits.
13. Designate the greenspace as a preserve.
Art Dyas seconded the motion and the motion carried unanimously with the following vote:
A YE: Rebecca Bryant, Art Dyas, Corey Martin, Jason Langley, Harry Kohler, and John Worsham.
NAY:None.
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ZC 21.16 Public hearing to consider the request of the Applicant, David Diehl PLS, acting on
behalf of the owners, John Albert Watkins Jr., Hilliard Vaughn Street III, and Sonny Hill, LLC
to establish an initial zoning of PUD (Planned Unit Development), concurrent with conditional
annexation into the City of Fairhope to be known as Green Fields PUD. Parcel A is
approximately 20 acres and is located east of County Road 13, south of County Road 34. Parcel
B is approximately 20 acres and is located east of Parcel A.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
David Diehl PLS, acting on behalf of the owners, John Albert Watkins Jr., Hilliard Vaughn Street III,
and Sonny Hill, LLC request to establish an initial zoning of PUD (Planned Unit Development),
concurrent with conditional annexation into the City of Fairhope to be known as Green Fields PUD.
The developer is Breland Homes Coastal. The proposed development will consist of 80 single-family
lots on 39.9 Acres, with a gross density of 2.0 units per acre.
A Planned Unit Development is intended to allow flexible development that encourages innovation.
The minimum lot size for R-2, Medium Density Single-Family Residential District is 10,500 sq. ft
with a minimum lot width of 75'. The proposed plan meets or exceeds all requirements of R-2,
Single-Family Zoning except the proposed setbacks are 30' in the front and rear, as opposed to 35'.
The applicant recently submitted alternate home plans that can be built on 140' deep lots with standard
R-2 setbacks. Consequently, staff does not recommend approval of the zoning request to PUD but
offers support in rezoning the subject property R-2.
The proposed lots are equal to, or greater than, those located within the neighboring subdivisions of
Greythorne and Millers Crossing. Originally, the applicant submitted an application for PUD because
their desired house plans required 80' buildable depth. 35' front and rear setbacks would limit the
buildable depth of each lot to 70'.
Rezoning to R-2 does not require a Master Development Plan, nor a Site Plan. If approved as R-2, and
annexed into the City of Fairhope, the follow-up procedure would be a preliminary plat, in which lot
layout, greenspace, RO W's, utility access, as well as other technical merits of the will be addressed.
Consequently, the site plan may differ from that proposed with the PUD application. However, the
proposed plan would be consistent with an R-2 development and provides pedestrian access,
connectivity, and the required greenspace.
Recommendation:
Staff DOES NOT recommend Case ZC 21.16 be approved under the original request to rezone the
subject property from R-1 to PUD, however, under a revised request,
Staff recommends Case: ZC 21.16, Green Fields, rezoning from R-1 to R-2 be Approved with the
following conditions:
1. A traffic study shall be provided that includes all traffic generated by Green Fields with the first
application for preliminary plat.
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2. Fairhope Water and Sewer provided availability letters, but connections to existing infrastructure,
including routes and potential infrastructure upgrades shall be approved by the water/sewer
superintendent prior to submittal of a preliminary plat.
Rebecca Bryant opened the Public Hearing.
Harold Street, 8980 CR 32, stated that he owns property on both sides of the subject property and it
has always been used for farming. He expressed concern for sewer treatment and wanted a fence on
each side of the subject property.
Eric Street, 8067 CR 32, he stated that he farms on four sides of the potential development. The
property to the south is farmed for corn using an aerial applicator. He will be unable to fly that to farm
the property which affects his living. He is also concerned with the red dirt erosion coming out of all
of the new developments and going into the bay.
Jody Harper, 3 Mershon St., asked how long the subject property had been under development and
how many homes were being proposed.
Rebecca Bryant closed the Public Hearing.
Mr. Simmons addressed Public Hearing concerns. He suggested zoning the surrounding properties as
agriculture to protect the farmland. The red soil/clay ordinance does not apply to development outside
of the city limits.
Motion:
Art Dyas made a motion to approve Case ZC 21.16, rezoning to R-2, subject to staff
recommendations.
Corey Martin seconded the motion and the motion carried unanimously with the following vote:
A YE: Rebecca Bryant, Art Dyas, Corey Martin, Jason Langley, Harry Kohler, and John Worsham.
NAY:None.
ZC 21.17 Public hearing to consider the request of the City of Fairhope Planning and Zoning
Department for an amendment to Article V, Section B, Central Business District, in the City of
Fairhope's Zoning Ordinance to allow Rooftop Terraces.
Corey Martin recused himself.
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
Planning Commission members, City Council members, or the Planning Director can initiate a zoning
amendment. Councilman Burrell had some requests for allowances for rooftop terraces. The zoning
amendment states that rooftop terraces shall be allowed Accessory Use permitted on all lots zoned B-
2, General Business District, located within the CBD. A rooftop terrace shall not be considered a story,
it shall not exceed forty feet although, elevators and stairwells providing access may be allowed to
exceed forty feet by no more than five feet. Structures, other than those used for elevators or
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stairwells, may be opened or enclosed, but shall not cover more than 33% of the total square footage
of the rooftop. The outer boundary of a rooftop terrace shall be defined using a barrier meeting the
City of Fairhope Building Code. The barrier shall be set back a minimum of five feet from the roof
edge. A definition of rooftop terrace will also be added to the Zoning Ordinance.
Recommendation:
Staff recommends adoption of the proposed Zoning Amendment to Article V, Special Districts.
Rebecca Bryant thought that Commissioners needed more time to review the "use" for rooftop
terraces.
Motion:
Art Dyas made a motion to table Case ZC 21.17.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
A YE: Rebecca Bryant, Art Dyas, Corey Martin, Jason Langley, Harry Kohler, and John Worsham.
NAY:None.
SD 21.46 Public hearing to consider the request of the Applicant, Dewberry, acting on behalf of
the owner, FST Verandas LLC, for Final Plat Approval of The Estates at the Verandas, Phase 1,
a 15-lot subdivision. The property is approximately 178.5 acres and is located on the south side
of State Highway 104, west of Lawrence Road.
Summary:
Mike Jeffries, Development Services Manager, presented the case summary.
The owner and applicants are FST Verandas, LLC, Albert Trae Corte of Corte Development, Inc., and
Bruce A. Bigler of Bay Area Developers, LLC. Dewberry Engineers, Inc is the engineering firm for
the project. This application is for a 15-lot subdivision located on the south side of State Highway 104
approximately 3/8 mile east of the SR 104 / SR 181 intersection. Subject property is within the
extraterritorial jurisdiction of the City of Fairhope in unzoned Baldwin County.
Final plat must be recorded within 60 days after the date of final approval.
The subdivision has been built and designed in conformance with both the approved preliminary plat
and Village Subdivision.
Follow-Up Activities Required by Staff and the Applicant: Copy of the recorded plat, copy of the
recorded O&M Agreement, Maintenance and Guaranty (M&G) Agreement executed by the developer
(the mayor need to sign this agreement to fully execute it, include the instrument # from the recorded
plat, and include 30 days in paragraph 3).
Recommendation:
Staff recommends APPROVAL of Case SD 21.46 subject to the following conditions:
1. Add Engineers Certificate of approval to plat.
2. Landscaping buffer around detention pond shall be installed as required by the condition of
approval of preliminary plat.
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3. Provide verification Baldwin County Highway Department comments have been satisfied.
4. Complete required follow up activities.
5. Relocation of wood rail fence off Gas main and onto private property.
6. Install water meter markers in ROW using a method approved by the Water Department.
Trae Corte was present and discussed the location of the wood rail fence with Mr. Jeffries.
Rebecca Bryant opened the Public Hearing. No one was present to speak, and the Public Hearing was
closed.
Motion:
John Worsham made a motion to approve Case SD 21.46, subject to staff recommendations and
review of condition number five.
Art Dyas seconded the motion.
Jason Langley stated that condition number five needs to be approved by the Gas Department. A
resolution also needs to be reached for condition number six.
John Worsham amended his motion to approve Case SD 21.46 subject to staff recommendations with
review of condition number five to be approved the Gas Department Superintendent.
Art Dyas seconded the motion and the motion carried unanimously with the following vote:
A YE: Rebecca Bryant, Art Dyas, Jason Langley, Harry Kohler, and John Worsham.
NAY:None.
SD 21.50 Public hearing to consider the request of the Applicant, SE Civil, LLC, acting on
behalf of the owner, FST Blue Island 2021, LLC, for Final Plat Approval of Hermitage Court
Resubdivision, an 8-Iot subdivision. The property is approximately 4.40 acres and is located on
the west side of Blue Island Avenue, south of Winn Avenue.
Summary:
Mike Jeffries, Development Services Manager, presented the case summary.
The owner and applicants are FST, Blue Island 2021, LLC and 68V Paydirt, LLC. SE Civil is the
engineering firm for the project. This application is for an 8-lot subdivision located on Blue Island
A venue just south of Winn A venue. The property is currently zoned PUD which has a site plan that
this development had to be built in substantial conformance to. The preliminary plat was approved at
the November 2020 Planning Commission meeting (Case number SD 19.39.)
Final plat must be recorded within 60 days after the date of final approval. Follow-Up Activities
Required by Staff and the Applicant: Copy of the recorded plat, copy of the recorded O&M
Agreement, Maintenance and Guaranty (M&G) Agreement executed by the developer (the mayor need
to sign this agreement to fully execute it, include the instrument # from the recorded plat, and include
30 days in paragraph 3).
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Recommendation:
Staff recommends APPROVAL of Case SD 21.50 subject to staff recommendations:
1. Add PUD Ordinance # 1698 to site data table.
2. Complete required follow up activities.
Rebecca Bryant opened the Public Hearing. No one was present to speak, and the Public Hearing was
closed.
Motion:
Art Dyas made a motion to approve Case SD 21.50 subject to staff recommendations.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
A YE: Rebecca Bryant, Art Dyas, Jason Langley, Harry Kohler, and John Worsham.
NAY:None.
SD 21.52 Public hearing to consider the request of the City of Fairhope Planning and Zoning
Department to accept Resolution 2021-04 for a proposed amendment to the City of Fairhope
Subdivision Regulations to include Suggested Certificates for Subdivision Plats.
Summary:
Mike Jeffries, Development Services Manager, presented the case summary.
Appendix "H" is proposed in the Subdivision Regulations to include suggested certificate blocks.
Surveyor, Property Owner, County Engineer, Flood Statement, Wetland Notice, Airport Overlay
District Zone, Utilities, Planning Commission, Planning Director, Project Engineer, and E-911
GIS/Addressing, are included in the suggested certificate blocks.
Recommendation:
Staff recommends adoption of the proposed amendment to add an "Appendix H" for suggested
certificate blocks and notes.
Rebecca Bryant opened the Public Hearing. No one was present to speak, and the Public Hearing was
closed.
Motion:
Art Dyas made a motion to approve Case SD 21.52 to accept Resolution 2021-04, subject to staff
recommendations.
John Worsham seconded the motion and the motion carried unanimously with the following vote:
A YE: Rebecca Bryant, Art Dyas, Jason Langley, Harry Kohler, and John Worsham.
NAY:None.
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Art Dyas made a motion to close the public meeting and enter Executive Session, for no business to be
discussed after Executive Session ends.
Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote:
AYE: Rebecca Bryant, Art Dyas, Jason Langley, Harry Kohler, and John Worsham.
NAY:None.
Adjournment
Rebecca Bryant made a motion to adjourn, and the motion carried unanimously.
Adjourned at 8:49 p.m.
OJliJdd~
Allie Knutson, Secretary
12
STATE OF ALABAMA )
COUNTY OF BALDWIN )
DECLARATION AND OPINION
My name is Christopher S. Williams. I am over the age of nineteen (19), and I make this
Declaration and Opinion based upon my own personal knowledge, information and belief. I am
an attorney licensed to practice law in the State of Alabama and have been duly appointed Attorney
for the Fairhope Planning Commission for the City of Fairhope, Alabama ("Commission"). I am
offering this Declaration and Opinion in compliance with Section 36-25A-7 of the Code of
Alabama (1975).
On the _6th day of December, 2021, at a meeting of the Commission, there will be made a
motion calling for an executive session to discuss with the Commission's attorney the legal
ramifications of and legal options for pending or future potential litigation pursuant to Alabama
Code§ 36-25A-7(a)(3).
Prior to the Commission voting to convene the executive session, I am offering this
Declaration and Opinion for the purpose of stating that Section 36-25A-7 of the Code of Alabama
(1975) is applicable to the planned discussion, and I hereby request that this written Declaration
and Opinion be reflected in the minutes for said meeting. I will further advise the Commission
that if any deliberation begins among them regarding what action to take relating to pending or
threatened litigation based upon the advice of counsel, the executive session shall be concluded
and the deliberation shall be conducted in the open portion of the meeting or the deliberation shall
cease.
This Declaration and Opinion shall not constitute a waiver of the attorney-client privilege. r
Dated this 6th day of December, 2021~1rnristoplt?.1,ilh1.LA::
Attorney for Fairhope Planning Commission
City of Fairhope, Alabama