The City of Daphne Planning Commission met last night (Thursday June 24th 2010) and on the agenda was a proposed amendment to the Daphne Land Use and Development Ordinance.

Regular readers may remember that on the current City of Daphne Zoning Map the golf courses at TimberCreek and Lake Forest are colored dark green and the key tells us that this means “Golf Course”.
 
Unfortunately Daphne does not currently have such a zoning district and therefore approval for Ordinance 2010-18 (Revision to Appendix H of the City of Daphne Land Use and Development Ordinance) has been postponed until corrections to the map are made.

Ms. Adrienne Jones (Director of Community Development) made a presentation to the planning commissioners regarding the creation of a C-2 Outdoor Amusement Zoning District.  General discussion followed on what would be allowed in such a zone and the consensus seemed to be that for golf courses the zone would cover club houses and ancillary buildings.

This would mean good news for TimberCreek as the owners would be able re-zone and sub divide as they want to whilst protecting the golf course and the property owners investment; or so I thought…  Further discussion suggested that the proposal to the City Council would include the caveat that this would be for future zoning only – there would be no re-zoning. 

During the Public Participation I asked if this meant that TimberCreek Golf Course could not be re-zoned into the new category.  I was told that this would be the case, however, the planning commission can only recommend that the City Council include the caveat so I think this is an issue we need to keep an eye on and, when required, show our support for retroactive zoning into C-2.

As I had the attention of the planning commission I asked if they had received any application from TimberCreek Land Co. regarding the re-zoning for their phase 10 development.  They had not, but what they had received from them was far more sinister…

During the Attorney’s Report Mr. Ross told the commissioners that he had received a copy of a lawsuit filed by TimberCreek Land Co accusing them of illegally denying the sub-division of the Magnolia 9.

This was hinted at during the Allen Cox vs. Gus Palumbo smack-down event but now it seems it is a reality.  
Given that the sale was ratified by the probate judge without the required authority for sub-division from Daphne Council I’m sure this is going to keep the lawyers busy for quite some time to come.

Stay tuned folks.

P.S.  Remember the packed council chambers of April?  Last night’s attendance, once the representatives of the St. Augustine development had left…  3.  Yes, that’s right out of almost 20,000 people who call Daphne home only 3 people care enough to find out what the city has planned for us!