HomeMy WebLinkAbout11-07-2022 Planning Commission MinutesNovember 7, 2022
Planning Commission Minutes
The Planning Commission met Monday, November 7, 2022, at 5:00 PM at the City Municipal
Complex, 161 N. Section Street in the Council Chambers.
Present: Lee Turner, Chairman; Rebecca Bryant, Vice-Chair; Art Dyas; Harry Kohler; Clarice
Hall-Black; Hollie MacKellar; Corey Martin, City Council Liaison; Hunter Simmons, Planning
and Zoning Manager; Mike Jeffries, Development Services Manager; Casey Potts, City
Planner; Michelle Melton, City Planner; Allie Knutson, Secretary; and Chris Williams, City
Attorney.
Absent: John Worsham.
Chairman Turner called the meeting to order at 5:01 PM.
Approval of the Minutes October 3, 2022:
Corey Martin made a motion to approve the minutes as presented from the October 3, 2022,
meeting.
Harry Kohler seconded the motion and the motion carried unanimously with the following
vote:
A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, Clarice Hall-Black, Corey Martin,
and Hollie MacKellar.
NAY:None.
Old/New Business:
• Approval of the 2023 Planning Commission Meeting Dates and Deadlines
Motion:
Rebecca Bryant made a motion to approve the 2023 Planning Commission Dates and Deadlines
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, Clarice Hall-Black, Corey Martin,
and Hollie MacKellar.
NAY:None.
ZC 22.06 Public hearing to consider the request of the Applicant, Kenneth Kleban with Kleban
Properties, on behalf of the Owner, FST Fairhope East, LLC, to amend the existing PUD (Planned
Unit Development) for ldlewild Place PUD. The property is approximately 10 acres and is located
on the west side of State Highway 181, south of Fairhope Avenue.
PPIN #: 261908, 310693
Summary:
Hunter Simmons, Planning and Zoning Manager, presented the case summary and showed a map and
aerial of the subject property.
Ordinance 1402 was approved in 2009. In the last thirteen years, the property changed owners but has
not been developed. The approved ldlewild PUD, as described in Ordinance 1402, consists of 5 lots
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fronting US Highway 181, with no buildings being approved at the time of the ordinance. The site plans
from Ordinance 1402 and the proposed PUD Amendment were shown on the screen. Mr. Simmons
noted that in 2009, there was a road proposed that connected Orleans Drive to the entrance on State
Highway 181 that was changed to allow pedestrian connectivity with an emergency access when the
PUD was heard before City Council.
The proposed amendment and Site Plan includes a hotel, restaurants, retail, and office/residential mixed-
use. A boardwalk is being provided for connectivity to the north and south and an internal plaza
courtyard has been created. A signal light and tum lanes will be installed on State Highway 181.
Rebecca Bryant asked why the development previously had two pedestrian connections while this plan
only showed one. Mr. Simmons confirmed that only one connection is being proposed and suggested
that if the Commissioners would like to see connectivity, they should add that requirement within the
amendment.
A drone video of the property was shown as well as architectural elevations. The hotel has been
significantly altered as it was originally proposed at three-stories, was then brought down to two-stories
with a rooftop pool, and is currently proposed at two-stories without the pool. There are 12 buildings
proposed on the Site Plan, one with a drive thru. Four buildings described residential on the 2nd floor,
which will be separate units.
The previous setbacks were 110' in the front (Highway 181) and 40' in the rear. The currently proposed
setbacks are 60' in the front and 20' in the rear, however, on the Site Plan, the building lines are shown
at around 11 0'. Mr. Simmons suggested making the front setback be what is shown on the Site Plan and
having the Applicant provide the correct dimension. The maximum building parapet height is 30' with
one exception of 38.5' for the Hotel, the Hotel is proposed at two stories maximum. Building Coverage
is proposed at 19% while the previous Ordinance's maximum was 30%. Lot Coverage is proposed at a
maximum of 39% while the previous ordinance maximum is 80%. The elevations provided are
conceptual. Ordinance 1402 requires "All Buildings shall have "four-sided" architecture. This
requirement will carry-over to this PUD amendment.
Many adjacent property owners were concerned with light pollution from the development. There is a
requirement in the Subdivision Regulations and Zoning Ordinance that regardless of what the light
height or style is, it cannot penetrate on the property line. The current Photometric Plan has
accommodated this. The previously approved PUD limited exterior lighting to 10' high. This plan
proposed 14' -24' high lights that would be shielded. The Commissioners may limit the light height now
or review it during Multiple Occupancy Project (MOP) Review. 228 parking spaces are proposed, but
276 are required to meet the Zoning Ordinance. The Applicant has provided a draft parking agreement
for shared parking. Hours of operation were not provided for the proposed drive thru. Staff recommends
hours of operation for the drive thru, at minimum, be provided.
Art Dyas asked for an example of a draft parking agreement for shared parking. Mr. Simmons stated
that some businesses will have their peak hours during the daytime while some will have their peak
hours in the evening. The agreement protects the City when future property owners know that there is
an established parking agreement for the development. All of the parking spots utilize pervious pavers
rather than asphalt. Casey Potts, City Planner, stated that the impervious lot coverage is shown at 36%,
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the building area as 19%, so approximately 20% is asphalt and sidewalk. Crushed aggregate is shown
on the south side for the parking as well.
Rebecca Bryant mentioned that the drive-thru did not fit with the overall idea of a pedestrian plaza.
Councilman Martin agreed. Mr. Simmons replied that the Applicants have wanted a drive-thru from the
beginning and had revised the internal roads to accommodate the drive-thru.
The greenspace plan and landscape plan was shown. The existing PUD included an 8' fence, a 20'
heavily landscape buffer with planting details provided, three rows of trees, and shrubs. The proposed
plan includes a 20' buffer, but guidance from the previously approved PUD needs to be maintained
regarding the landscaping. Comments from neighbors requested evergreens to be planted, which was
accommodated, but hollies and overstory trees could help with screening as well. A boardwalk will be
installed over the stormwater drains and around the detention pond and wetland buffer area, but some
of the landscaping needs to be resolved.
A 50' ingress/egress/utility easement has been added from Orleans Drive to the proposed internal road.
Orleans Drive is not proposed to connect to the development at this time. Golf cart parking is proposed
in the drainage easement and a pedestrian bridge is shown from Orleans Drive to the development. The
pedestrian connectivity will allow residents in Idlewild to access restaurants easily and would alleviate
some traffic on State Highway 181. The proposed plan shall provide pedestrian connectivity by way of
a 12' wide bridge/walkway, but does not include the access for an emergency vehicle as previously
approved.
Staff supports the proposed monument sign at the State Highway 181 entrance depicting the "Boardwalk
Village". All internal signage shall comply with the City of Fairhope Sign Ordinance.
The Hotel building materials include brick veneer, painted siding, asphalt shingle or metal roof panels,
aluminum clad, French Quarter style windows and doors, cast iron columns, wrought-iron railings, and
copper awnings.
Drainage was not fully reviewed during the PUD Amendment review and will be reviewed in detail
during the MOP. However, the property owner purchased PPIN 310693, half of the detention pond that
services Jackson Place and ldlewild. Detention flows from this pond into the Idlewild property along a
drainage ditch that leads to the wetlands, into a culvert across State Highway 181, and into a swale. An
O&M was not found for maintenance of the multi-owner pond that discharges into the Idlewild property.
The drainage easement is overgrown and will need to be cleaned up to drain properly. Art Dyas
suggested that the Applicants stay out of the tree's driplines in order to preserve them.
All Multiple Occupancy Project and Site Plan requirements and standards not specifically addressed on
the PUD Site Plan and this ordinance shall be as per City of Fairhope zoning, subdivision, and building
requirements.
Rebecca Bryant brought up light pollution and asked if the Zoning Ordinance required shielding. Mr.
Simmons responded that the lights need to meet the footcandle requirements and cannot penetrate onto
neighboring properties. Councilman Martin mentioned that Rebecca Bryant had brought up light
shielding during the Informal Review for the proposed development.
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PUD amendment approval is only for the conceptual aspects of the project. Potential revisions and/or
points of clarification will need to be addressed at time of multiple occupancy project application.
Examples include, but are not limited to:
1. The boardwalk landings needed to cover the outfalls into the detention pond are shown to stop over
dry land. Boardwalk amenity shall extend over the drainage pond. Boardwalks shall be connected to
each other in a manner subject to Planning staff approval.
2. The walkway canopy shown with the hotel shall be constructed at a height that can be cleared by
delivery trucks.
3. Golf cart parking in the drainage easement needs to be clarified. A stormwater pipe may be required
beneath this improvement.
4. Staff would like the engineer to explain the grading across the trees.
5. The proposed hotel parapet height (38.5') seems high for a maximum 2-story building. Staff would
like clarification. Height limits within the existing PUD are 30'.
6. Proposed building materials indicate painted siding. What is the proposed siding?
Recommendation:
Staff recommends approval of Case ZC 22.06 Idlewild Planned Unit Development (PUD) Amendment
with the following conditions:
1. A revised Greenspace Plan will be required for staff review prior to City Council.
2. A revised Master Development Plan will be required for staff review prior to City Council.
3. Maintain the Landscaping, Screening and Buffers as required in Ord. 1402.
4. Rear setback shall be 40'. Front setbacks shall be as shown on the Site Plan, applicant shall supply
dimension prior to City Council hearing.
Chairman Turner opened the public hearing.
Gary Gover, 300 Lincoln Street, stated that some of the plans depicted pedestrian crossing across State
Highway 181 from Walmart to the proposed development, which would require reworking that
intersection. Chairman Turner stated that while connectivity is desired, that location would be in
ALDOT's control. Mr. Simmons added that the pedestrian crossing is not included in the most recently
revised plan. Mr. Gover also mentioned that there is a difference between golf carts and low-speed
vehicles (LSV's) and that, "golf carts" should not be noted on the plans. He expressed concerns with
golf carts crossing State Highway 181 to get to the development.
Susan Jones, 205 Margaret Drive, stated that her home backs up to the Idlewild pond and asked if the
pond was being removed and what way the drainage would travel. Mr. Simmons stated that the pond
was not being removed and that the drainage would be flowing away from her property.
Steve Irvin, 220 Orleans Drive, expressed concerns regarding the proposed drive-thru and was opposed
to the connection on Orleans Drive as he was when the original PUD was approved in 2009. He stated
that he likes the current buffer and wanted the trees to be saved. He was also concerned what the hotel
will look like in 20 years. He stated that light shields would only work if the lights were facing the east
and requested the light height be limited to 20'.
Paula Budnovich, 213 Margaret Drive, stated that they currently have a privacy fence with trees and
brush behind the fence and asked if this development would be installing a fence as well and if so, will
there be space left between both fences. Mr. Simmons stated that they would need to install an 8' privacy
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fence. Chairman Turner added that if Ms. Budnovich' s fence is on her property line, no space would be
left in between the fences.
Tracy Brown, 239 Royal Lane, lives next to the Orleans Drive easement. Ms. Brown asked if the trees
and brush could be left intact from the drainage easement to the fence line, stating that it would help
with noise and view of the hotel. She added that the pedestrian easement is not needed and would create
a parking lot for LSV's outside her home.
Phillip Wilson, 231 Royal Lane, stated that the proposed drive-thru would be located by the back
window of his home. The subject property has been zoned for a long time and he would like it to
accommodate the neighborhood as much as possible. Mr. Wilson stated that he has met with Mr. Kleban
who has made many revisions to the plan. Royal Lane is already being used a cut-thru to Walmart, but
that connectivity is what the City is looking for. He stated that he would be agreeable to having the
pedestrian easement being by his home rather than Ms. Brown's. A fence will need to be maintained
and will not help as much as a buffer and a berm would. He suggested moving the entire development
closer to State Highway 181, away from the residents. There is already noise pollution from the car wash
in front of Walmart and thinks that dense trees are needed to prevent light and noise pollution.
Dawn Wilson, 101 Orleans Drive, stated that she agreed with the comments that had already been made
regarding the noise, landscape buffer, objection to having a drive-thru, and the hotel use. Her home is
located in the middle of the neighborhood. She stated that the light from Walmart can be seen at night
and the traffic is loud on State Highway 181. She requested that the hotel parking spaces be located by
181, not Idlewild due to noise and safety concerns.
Chairman Turner closed the public hearing and asked for the developer to address comments.
Steve Fisher, Element 3 Engineering, asked Mr. Simmons if a fence was required on the western
property line, noting that one had been added on the southern property line. Mr. Simmons replied that a
revised Landscape Plan had just been received on Friday, so the buffer requirements of the 2009
Ordinance are being used as a safeguard. The requirement for a fence may not be the best solution in
every area, but he did not believe that there currently is not a substantial amount of buffer.
Chairman Turner asked Mr. Fisher what type of business was being proposed for the drive thru. Mr.
Fisher stated a coffee shop was being proposed with hours of operation that can be provided.
Chairman Turner brought up the lighting and shields for light pollution. In the past, the 1 O' requirement
for the lighting was so the fence and lighting would be the same height. Mr. Irvin stated that a shorter
light would be better. Mr. Fisher added that there is about 5' of elevation change from Orleans Drive to
the site, the site is higher. Mr. Simmons had concerns with installing taller lights on higher elevation
and asked if any of the existing buffer in the drainage easement or 20' landscaping buffer could be saved.
Mr. Fisher replied that he would prefer to save anything that can be saved so there is less disturbance on
the site. Mr. Simmons suggested changing the grading plan during the MOP review and asked if the
drainage easement could remain undisturbed during construction. Mr. Fisher replied that, the drainage
easement could be included in a later phase. Mr. Simmons thinks the screening can be accommodated
without a fence in most areas. Councilman Martin added that during the Informal Review of the
development, Commissioners were in agreement that a natural buffer was preferred, rather than a fence.
Mr. Fisher added that there is a good buffer on the site, but during some months, it will lose some
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density. Rebecca Bryant asked for clarification on the types of shrubs and trees that would be included
in the buffer and wanted to ensure that the details of the buffer would not be limited to shorter shrubs.
Art Dyas suggested switching the drainage easement and the buffer so that the drainage easement was
on the inside of the development and would preserve the vegetation.
Hollie MacKellar brought up the pedestrian and golf cart connectivity. Mr. Simmons stated that
accommodations were made in 2009 to not allow full vehicular access, but that stub streets are built for
a reason. Connectivity keeps roads from being overcrowded. Chairman Turner added that it would be
safer and more convenient for residents to not have to use Fairhope Avenue and Highway 181 to get to
the development. Councilman Martin added that LSV's are not legal on Fairhope Avenue as the speed
limit changes.
Mr. Fisher stated that a berm is a great idea, but it would end up blocking the drainage and would be
difficult with the elevation change. Hollie MacKellar clarified that the Developer would be responsible
for maintaining the pond, the fence, vegetation, and the berm, if applicable. Mr. Fisher replied that they
would be responsible for those items and Mr. Simmons stated that those items would be included in the
O&MPlan.
Rebecca Bryant added that landscaping and buffering requirements should include two rows of trees
and one row of shrubs. Chairman Turner added that lighting should be mentioned as well and to state
that the landscaping and buffering will be heavily reviewed at time of MOP.
Camilla Lataday, Landscape Architect, stated that she understands the resident's concerns. There are
many options available for LED lights with dimming options, but need to adhere to the health, safety,
and welfare of those who will be navigating the site after hours.
Motion:
Rebecca Bryant made a motion to recommend approval of Case ZC 22.06 to City Council, subject to
the following conditions:
1. A revised Greenspace Plan will be required for staff review prior to City Council.
2. A revised Master Development Plan will be required for staff review prior to City Council.
3. Significant landscape screening and buffers as well as light pollution prevention, with the buffer
requirements being similar to Ordinance 1402, but with two rows of trees.
4. Rear setback shall be 40'. Front setbacks shall be as shown on the Site Plan, applicant shall supply
dimension prior to City Council hearing.
Art Dyas seconded the motion.
Attorney Chris Williams clarified that the intent of the motion was to have the details of the landscape
buffer and lighting be reviewed and approved by the Commissioners at time of MOP. Rebecca Bryant
and Chairman Turner agreed.
Art Dyas mentioned that switching the drainage easement and existing buffer would make a lot of sense.
Mr. Simmons replied that there is a challenge with doing that because it is graded in the landscape buffer
to elevate the whole site, allowing the drainage to flow to the north. Art Dyas added that the buffer is
going to be disturbed any time work is done on the drainage easement.
Attorney Chris Williams asked that the motion be restated.
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Motion:
Rebecca Bryant made a motion to recommend approval of Case ZC 22.06 to City Council, subject to
the following conditions:
1. A revised Greenspace Plan will be required for staff review prior to City Council.
2. A revised Master Development Plan will be required for staff review prior to City Council.
3. Provide a strong landscape buffer to provide screening, such as evergreens, in addition to providing
significant light pollution prevention to be reviewed at time of Multiple Occupancy Project approval.
4. Rear setback shall be 40'. Front setbacks shall be as shown on the Site Plan, applicant shall supply
dimension prior to City Council hearing.
Councilman Martin seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, Clarice Hall-Black, Corey Martin,
and Hollie MacKellar.
NAY:None.
ZC 22.15 Public hearing to consider the request of the Applicant, Dewberry, acting on behalf
of Owner, Live Oak Properties, LLC, to rezone property from PUD (Planned Unit Development)
to R-1, Low Density Single Family Residential District. The property is approximately 3.79 acres
and is located on the east side of Main Street, south of Parker Road.
PPIN #: 11947
Summary:
Mike Jeffries, Development Services Manager, presented the case summary.
Parker Place PUD was approved January 12 th , 2009, with the following requirements: 15' Front Setback,
20' Rear Setback, 10' Side Setback, and a 20' Front Garage Setback. Landscape Buffers (natural and
heavily wooded creating a dense buffer) of 30' along Scenic Highway 98 and 20' along Parker Road.
Building height of 35' from finished floor to peak of roof, and internal sidewalks were to be routed to
have maximum tree preservation. Adding the sidewalk along Parker Road was required.
Rezoning to R-1, if approved, will essentially erase all the requirements of the PUD and any future
development would have to conform to R-1 dimension standards and meet the requirements of the
Subdivision Regulations.
The potential lot layout was showing depicting four lots while the approved PUD depicted eight lots.
Recommendation:
Staff recommends approval of Case ZC 22.15 to City Council.
Cathy Barnett with Dewberry was present, but had nothing further to add. The Owner, Chris Haley, was
not present.
Chairman Turner opened the public hearing.
James Allen, 7270 JV Cummings Drive, stated that when the PUD was approved in 2009, the Developer
stated that he would provide a buffer between the PUD and his property. Mr. Simmons stated that no
buffer is required between residential properties. Mr. Allen clarified that there would be no buffer, only
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setbacks. Mr. Jeffries added that there are also only four lots proposed instead of eight. Chairman Turner
stated that the layout of the lots needed to not be suggested when the current case was only for a rezoning
to R-1. Mr. Allen stated that he felt like he had no protection from having someone near his property
line.
Cathy Barnett, Dewberry, stated that they decreased the density from eight lots to four. The proposed
lot layout would be conforming if that plan were to move forward and that they are aware that
subdivision application would be next.
Chairman Turner suggested that Mr. Allen explore the option of buying a 5' strip from the Developer.
Ms. Barnett added that it did not look like they would need to lose any trees with the lot configuration
when overlaying the tree protection and the size of the lots.
Chairman Turner closed the public hearing.
Motion:
Art Dyas made a motion to recommend approval of Case ZC 22.15, to City Council.
Hollie MacKellar seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, Clarice Hall-Black, Corey Martin,
and Hollie MacKellar.
NAY:None.
SD 22.29 Public hearing to consider the request of the Applicant, Aaron Collins with SE Civil,
LLC, on behalf of the Owner, Lafayette Acres, LLC, for Plat approval of a 3-lot resubdivision of
Lots 25 and 26 in the Colonial Acres Subdivision. The property is approximately 2.94 acres and is
located south of Triangle Drive, between Hancock Road and U.S. Highway 98.
PPIN #: 71837, 41871
Summary:
Casey Potts, City Planner, presented the case summary.
The application for a 3-lot minor subdivision was originally considered and conditionally approved at
the May 2, 2022, Planning Commission meeting. The conditions of approval were:
1. In the General Notes, add a note specifying maintenance of the planting strip. Add a note that "Lots
1-3 shall only be accessed via Hancock Road and Lafayette Drive. Access is restricted via City
Hwy 104 and Greeno Road."
2. Rename of City Hwy 104, subject to approval by City Council.
3. Revision of subdivision name and lot numbering, subject to approval by Baldwin County Revenue
Department.
4. Provide Covenants and Restrictions to Planning Staff prior to plat recordation.
5. Inspection and approval of completed sidewalks along Hancock Rd. and Lafayette Rd. by City of
Fairhope Building Department.
6. The buffers shown on the plans, shall remain natural, except for the allowance of plant materials
to be installed where a visual buffer does not exist and a potential pedestrian path within the
proposed pedestrian access easement.
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7. 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.
Final plats must be recorded within 120 days_after the date of final approval. The applicant was not able
to complete this condition, causing the application to expire.
Sidewalks have since been built along Hancock Road and Lafayette Drive. While not required, a
sidewalk connecting Hancock Road to Triangle Drive was discussed with the applicant originally. Due
to the reduction of one lot, providing the sidewalk was cost prohibitive. The applicant depicts a 15'
public access easement from Hancock Road to Triangle Drive in lieu of the sidewalk. The intent of the
public access easement is to provide the capacity for pedestrian connectivity in the future. There are no
plans to install improvements at this time, nor is there a funding source for said future improvements.
The applicant agreed to implement a 35' landscape buffer that shall remain undisturbed, with the
exception of new planting materials to fill in the visual landscape screen along the Triangle Drive and
Greeno Road ROW's. The buffer shall remain undisturbed and maintained by the POA. Access to lots
1-3 from Triangle Drive and Greeno Rd shall be prohibited. The applicant is also preserving the historic
landscape buffer adjacent to Lafayette Drive, which shall also remain undisturbed in perpetuity.
Recommendation:
Staff recommends approval of SD 22.29 Colonial Acres Subdivision, A Resubdivision of Lots 25 and
26, Colonial Acres Part 2 minor subdivision with the following conditions:
I. The buffers shown on the plans, shall remain natural, except for the allowance of plant materials
to be installed where a visual buffer does not exist and a potential pedestrian path within the
proposed pedestrian access easement.
2. 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.
Rebecca Bryant clarified that there were only two conditions for this case because the previous
conditions in the last case had been satisfied. Mrs. Potts confirmed that was correct.
Chairman Turner opened the public hearing. Having no one present to speak, the public hearing was
closed.
Motion:
Art Dyas made a motion to approve Case SD 22.29, subject to staff's recommendations.
Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, Clarice Hall-Black, Corey Martin, and
Hollie MacKellar.
NAY:None.
Executive Session -To discuss pending or potential litigation pursuant to Alabama Code Section
36-25A-7(a)(3).
Chairman Turner closed the public portion of the meeting and announced that there would be no business
conducted after the Executive Session.
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Attorney Chris Williams read the declaration to move to Executive Session.
Motion:
Councilman Martin made a motion to move to Executive Session.
Clarice Hall-Black seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, Clarice Hall-Black, Corey Martin,
and Hollie MacKellar.
NAY:None.
The Commissioners left the dais at 7:01 p.m.
The Commissioners returned to the dais at 7:46 p.m.
Adjournment
Art Dyas made a motion to adjourn.
Rebecca Bryant seconded the motion and the motion carried unanimously with the following vote:
A YE: Lee Turner, Rebecca Bryant, Art Dyas, Harry Kohler, Clarice Hall-Black, Corey Martin,
and Hollie MacKellar.
NAY: None.
Adjourned at 7:47 p.m.
Lee Turner, Chairman Allie Knutson, Secretary
ST A TE 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 _7th day of November, 2022, 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 o.f 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.
Dated this 7th day of November, 2022.
" -< \ Christopher S. Williams, Esq.
Attorney for Fairhope Planning Commission
City of Fairhope, Alabama