SPANISH FORT, Ala. — An admitted oversight on a local real estate developer’s part has left the Spanish Fort resident with 12 undeveloped lots surrounded on all sides by a large-scale planned use development but no access to electrical services.

“I’m not here crying. I messed up. I’m just here trying to look for a solution,” Nathan Cox told members of the Planning Commission during Monday’s informal work session.

At issue is Cox’s inability through traditional channels to secure electricity services for his lots surrounded entirely by the 11,000 acres intended to support the planned Highlands of Spanish Fort development over the next 40 years.

Cox purchased his property from International Paper Co. before the Highlands plans materialized and is not subject to the bylaws governing the larger development. He did not realize until he attempted to file the property’s final plat last year, however, that electricity services had never been secured.

The Highlands’ PUD requires all electrical lines be run underground “to the extent practical,” and Cox said he has made every effort imaginable to comply with the strict requirements, but he’s met with resistance at every turn.

“No. 1, we don’t want a problem with the city of Spanish Fort; No. 2, I purchased the property before the Highlands ever came into play; and No. 3, we honestly have exhausted every single angle,” said Cox, estimating he has dedicated more than 500 hours to the conundrum to date.

At one point, Cox’s company, Figure 8 LLC, offered to purchase 10-foot easements from the Highlands for $20,000 to help make the arrangement more palatable. The offer was declined. He also offered to pay for the installation of single-phase lines underground for $50,000, but that offer was countered with the insistence he install triple-phase lines instead at a cost of $1.2 million.

“If we paid $1.2million, we’d be paying more for the power than the land,” Cox said.

Cox approached the commission requesting the body approve an amendment to the Highlands PUD that would allow him to erect power lines above ground for the .7-mile stretch of property along Jimmy Faulkner Drive and Bromley Road.

Several members of the commission balked at the idea of amending the PUD because it could potentially set precedent for future property owners who wish to deviate from the Highlands’ specific regulations.

At the same time, commission members collectively appeared to agree Cox’s situation is unique and not likely to be repeated.

Commissioner J.R. Smith requested either city officials or persons with electrical engineering expertise representing the city meet with Baldwin EMC officials and explain why the larger, more expensive three-phase lines are required when Cox is seeking only to power 12 lots. Specifically, Smith questioned why a substation could not be built that could easily service Cox’s development and still accommodate future Highlands growth.

Commissioner Maura Dismuke argued more simply that Cox’s situation and the request that he pay $1.2 million to secure the service violates the existing language of the PUD which states underground lines be required “to the extent practical.”

Commissioner Tom Sawyer said he would be more comfortable, however, if the Highlands’ developers opted instead to strike the single word “existing” from the PUD’s language that restricts which portions of roads in question violate the agreement.

Meanwhile, Building Official Bruce Renkert argued that Cox’s situation definitely merits a hardship, and he would have a strong case if he petitioned the city’s Board of Adjustment for a variance granting the above-ground power lines.

“This is a hardship on a landowner, not the PUD,” agreed Chairman Carl Nelson. “The (board) would have legitimate reason to deny (future requests) anywhere else in the PUD; Nathan’s not in the PUD.”

While it is possible the item could be considered during the commission’s regularly scheduled April meeting, commissioners agreed any action taken depends entirely on the progress made sorting out the problem during the next few days.

In other business, the commission discussed the city’s proposed Comprehensive Plan in great detail, focusing primarily on former City Engineer Ronnie Gibson’s request that the city either incorporate recommendations from a previous traffic study initiated by Skipper Consulting in 2007, or commission an entirely new study.

Although discussion on the matter — dominated by near collective disappointment with the Alabama Department of Transportation’s lack of medians in its plan for developing the U.S. Highway 31 corridor — lasted nearly one hour, Nelson deemed although important, the median issue should not prohibit the proposed Comprehensive Plan from moving forward in its most recently drafted form.

“I think we’ve just about reached a milestone here tonight,” said Nelson, indicating the item will most likely be considered for a vote during the commission’s April meeting.

The next scheduled meeting of the Planning Commission is slated to begin with a 6 p.m. work session April 11 at the Gathering Place in the Prodisee Center, followed immediately by the regular meeting at 6:30 p.m.

An informal work session will be held at 6 p.m. April 25 in the conference room at City Hall.