STATE OF ALABAMA

 

COUNTY OF ETOWAH

 

CITY OF RAINBOW CITY, ALABAMA – PLANNING COMMISSION – MAY 25, 2010

 

The Planning Commission of the City of Rainbow City, Alabama met in a regular session at 3:00 P.M. and upon roll call the following members were present:

 

Present:                                                                Absent:

Thomas Moon, Chairman                                       Larry Keenum, Council Member

Terry John Calhoun, Mayor

Wes Ellis, Vice Chairman

Bettye Ann Boyd                                                   

Larry Harris

Bryan Stone                                                         

Elbert Tarvin                                                         

Mona Wallace

 

Also Present:

Wiley McLain, Building Official                                  Laura Lloyd, City Attorney        

Mark Stephens, City Engineer                                 Melvin Potter, Fire Chief

 

 1.  Upon roll call, Chairman Thomas Moon declared a quorum was present and the   

      following business was transacted.

 

 2.  The minutes from the April 27, 2010 were presented.  Bryan Stone made        

      a motion to suspend the reading of the minutes and approve the minutes as  

      presented.  Wes Ellis seconded the motion.  Motion carried unanimously.

 

 3.  Public hearing was announced for Harold Weaver, co-owner of MAYA  

      Landscaping.  Mr. Weaver is seeking to re-zone the property from Agricultural to

      Highway Commercial.  The business is a landscape and retail business and is not

      allowed in the Agricultural District.  Mr. Weaver had not had the opportunity to

      see the comments from the Staff Review meeting.  Bryan Stone moved and Wes

      Ellis seconded the motion to table the re-zoning request until next month, June

      22, 2010 at 4:00 P.M.  Motion carried unanimously.

     

 4.  A public hearing was announced for Lisa Hawkins who is seeking to start a day

      care home in her residence at 512 Shane Lane.  Mrs. Hawkins is seeking a

      Conditional Use Permit to be allowed to care for no more than six (6) children at

      a time in her home.  Mrs. Hawkins stated that she is licensed through DHR to

      care for children and can do so 24 hours a day 7 days a week, but the children

      are not in DHR custody that she keeps.  Mrs. Hawkins said that she kept five (5)

      children at her home and was also raising two (2) grandchildren.  Mrs. Hawkins

      is renting the home from Warren & Donna Martin.  Mr. Martin spoke on behalf of

      Mrs. Hawkins and stated that he did not mind the care day home being there as

      long as Mrs. Hawkins had proper liability insurance for this business.  People

      speaking against the Conditional Use Permit were Clyde and Lela Simms, 511

      Shane Lane; David Keith, 509 Shane Lane; Rick and Denise Bearden, 406 Shane

      Lane.  Each person present was concerned about the traffic and the speed of the

      cars.  Shane Lane is a dead end street.  There were also 37 letters presented to

      Planning Commission against this permit from the neighborhood.  After the

      discussion, Bryan Stone moved to deny the request for a Conditional Use Permit. 

      Larry Harris seconded the motion.  Motion carried unanimously.  Wiley McLain,

      Building Official, told Mrs. Hawkins that she had thirty (30) days from today to

      appeal the decision with the Rainbow City Council.

 

 

 

 

 

 

 

-Page 2-

Planning Commission

May 25, 2010

 

 5.  Sam Hood, 101 Maple Lane, appeared before the Planning Commission to

      request permission to place pipe in a ditch along his yard.  Mr. Hood stated that, 

      after the water tank was placed on the mountain above his home, he has had

      problems with the water washing the ditch and his yard away.  Last year Rain-    

      bow City paid for and placed weed control cloth and rip-rap rocks in the ditch to

      control the flow of water.  Mr. Hood wants the rocks removed because of

      weeds and grass growing in them.  He stated he has asthma and can not spray

      weed killer on the rocks and he is not physically able to weed eat the entire

      ditch.  Mr. Hood wants to place 120 feet of pipe in the ditch and cover it so he   

      can mow the area.  Mr. Hood wants Rainbow City to remove the rocks and

      replace them with the pipe.  Mr. Hood will pay for the pipe.  Thomas Moon,

      Chairman, told Mr. Hood that he would need to hire an engineer to have a design

      prepared showing the flow of water and size of pipe needed for the ditch.  No

      action was taken by Planning Commission on this request.

 

 6. There being no other business to come before The Planning Commission, Bryan

      Stone moved to adjourn.

 

 Respectfully submitted,

 

 

      Kathy Hill

      Recording Secretary