Lack of quorum halts consideration

By Kelli M. Dugan
Staff Writer
Posted 3/26/10

DAPHNE, Ala. — With only five members present at Thursday’s regular meeting, the Planning Commission tabled consideration of two subdivision items until the April 22 meeting because the nine-member body lacked the required six potential …

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Lack of quorum halts consideration

Posted

DAPHNE, Ala. — With only five members present at Thursday’s regular meeting, the Planning Commission tabled consideration of two subdivision items until the April 22 meeting because the nine-member body lacked the required six potential affirmative votes for such requests to gain approval.

Commission Chairman Ed Kirby told the assembled crowd of more than 40 that while the five members present constituted a quorum to conduct the meeting, no action could be taken on either the TimberCreek Golf Course or Phase II of the Caroline Woods subdivisions. The majority of those assembled were in attendance to address the latter item.

Mayor Fred Small said Monday’s meeting was the first time in six years he can recall the commission having fewer than six members present.

Kirby strongly encouraged those present to attend the April 14 work session to air their concerns and hear the reports of the projects’ engineers and developers.

“Since we can’t act on it (tonight), these points of view need to be voiced at the work session, so we can address them before the meeting,” Kirby said.

The motion and approval to table the items was met with outbursts from the crowd, many of whom received certified letters regarding the pending consideration at Monday’s meeting after the previous work session had already taken place.

Prior to the vote, Daphne City Council President August Palumbo addressed the commission on explaining the “confusion and unsettled nerves” present in the council chambers stemmed from the notification letters being mailed on March 15, only two days before the March 17 work session that might have enlightened the gathered residents as to how the proposed Caroline Woods subdivision might affect them.

Commissioner Cathy Barnette noted the letters were sent in accordance with the zoning regulations that require notification be sent within five days of regularly scheduled meetings, not the work sessions—traditionally held at 8:30 a.m.—that are also open to the public.

The original plans For Caroline Woods were approved in November 2008 as part of the Madison Place subdivision concept, but developers have since opted to split the project into its own entity. The first phase of the project received final plat approval in July of 2009, and the second phase is zoned as R-4, or high-density, single-family residential.

The 13.27-acre parcel is located northeast of the intersection of Parker Lane and Whispering Pines Road, north of Madison Place subdivision and west of the second phase of the Daphne Commercial Park.

Proposed master plan modifications for Phase II of the project include but are not limited to:

<5 percent open and recreation space.

<96 total residential units with 7.23 units per acre.

Meanwhile, the TimberCreek Golf Course subdivision request, also tabled until April 22, seeks to subdivide the 240-acre, privately owned course into five lots. If approved, TimberCreek Investments LLC would sell the lot housing the 18-hole golf course, club house, maintenance shed and irrigation lake, but retain ownership of the remaining four parcels.

In other business the commission:

The next regular meeting of the Planning Commission will be held at 6 p.m. April 22 in the council chambers at Daphne City Hall. A work session will be held at 8:30 a.m. April 14, also in the chambers.