Present:
Honorable Mayor, Fred Small
Councilwoman, Cathy Barnette
James White, Fire Chief
Larry Chason
Joe Lemoine
Frank Martin
Victoria Phelps

Absent: Ed Kirby

So, here we are a month later and this time we have enough planning commissioners for a quorum and for the sub-division vote to go ahead; it’s moment of truth time…

Larry Waldrop and Joe Coleman from TimberCreek Investments were present to answer questions from the planning commissioners and Cathy Barnette wasted no time by asking how the sale could have been ratified when it was illegal to do so without sub-division approval.  Mr. Coleman admitted he had no response to that question and “that was just what has happened”

Ms. Barnette also asked why the Magnolia 9 had not been put into the Conservation Easement at the same time as the other 18 holes and, to the surprise of everyone present, Mr. Waldrop said that he was due to attend a meeting next week to discuss that option.  He said that he had known about this at last month’s planning commission meeting but had not been at liberty to disclose this fact.

Larry Chason opened the public meeting by reminding people not to repeat what everyone has already said so Tom O’Hara simply stated that the he didn’t believe that the lack of a plan for sub-division was in line with Daphne’s long term plans and requested that the sub-division be denied until the conservation easement issue has been resolved.  He also suggested the Planning Commission look at implementing a Green Zone category to protect golf courses, parks and other public green spaces.

Mr. & Mrs. Boltz, residents of TimberCreek Boulevard, gave an example of a comparable property development in Florida that had been devalued due to commercial development and stated that they were fearful of a mass exodus of residents if we were unable to maintain the beauty of TimberCreek.

The public hearing closed and Mr. Waldrop returned to the podium to face more questions from the planning commissioners.
Larry Chason asked him for more details and a timeline on the conservation easement but Mr. Waldrop stated that it would be a long and expensive process and that he could not guarantee when, or if this would be resolved.

Mr. Waldrop also mentioned that this was the fifth time that he had to drive a 150 mile round trip to attend these meetings.  Needless to say he didn’t get much sympathy from the TimberCreek residents that have seen their property values fall because of his company’s actions and inactions.

There followed some discussion about drainage issues and the fact that the wetlands were already impaired and Mr. Chason and Ms. Barnett both stated that they would not be comfortable allowing the sub-division without a very clear plan of action and intent, a sentiment that was echoed by Victoria Phelps.

Cathy Barnette proposed the motion that the sub-division application should be denied due to contravention of sections 11.1, 11.4, 18.2 and 18.6 of the city of Daphne land use and development ordinance.  Ms. Phelps seconded the motion and all except Chief White voted in favor.

According to the ordinance the punishment for TimberCreek Investments could be as low as a $400 or $500 fine or the sale could be enjoined. I presume this matter is now in the hands of City Attorney Jay Ross and I will try to find out what the process involves.

Another victory but not quite the end of the road (pun absolutely intended).