The City Council has approved the site plan for the proposed Iberia bank at the corner of Parker Rd./ HWY 98--in the controversial Fly Creek PUD.
The 20 ft. "natural" buffer required there by the city tree ordinance has been a bone of contention since the PUD's inception (allegedly limits businesses' visibility).
The matter was discussed at length at the last Tree Committee meeting (Nov.):
Chairman Green read the Mayor's response to the Committee's prior request to give additional written notice to the property owners/developers that the right of way (vegetation) not be touched: ". . . I have conferred with staff and we do not presently have any pending requests to disturb any vegetation in front of the Publix site . . . if a request was received it would be reviewed by staff--and approved or denied by ALDOT . . . as you know 98 is a state right of way and as such ALDOT would approve or deny all work."
Green: ". . . the owners and developers stated to Paul (member Fontenot in a prior meeting) . . . it WOULD be removed at some point . . . could end up with situation . . . wake up some Monday morning . . . its all down."
Member Bolton: "What else can you do? They know the rules . . . everybody's put on notice . . . unless you have a 24hr vigil . . a camp out . . . how you gonna stop it? Somebody with bad intentions' gonna do it anyway . . . fine 'em or make 'em replace it."
Member Fidler: " . . . if that's done I'd take a look at restitution tables(fines) . . . by diameters . . . already got an inventory."
Unidentified Member #1: "Owners have all been put on written notice, haven't they?"
Green: " . . . well, not completely . . . response from Regency was not acknowledging that . . . one other owner of part of the property too."
Bolton: "Its not required to notify them there's a tree ordinance is it?"
Green: "In this case . . . its a good idea . . . notify them again . . . its the stated position of the Committee, Jennifer, City Council and Vince Calametti (ALDOT) . . . all on record its not to be touched."
Member Kingrea: "I think everybody's on notice . . . want to go ahead . . . act unilaterally . . . suffer all the slings and arrows . . . can be brought against them . . . absent a 24hr vigil . . . nothing we can do . . . fine the beheeges out of them . . . it doesn't save the (existing) trees though, I realize that."
Green: "That's my reservation . . . some cases folks just cut the trees and pay the fines."
Unidentified Member #1: "We've done what we can . . . if the Mayor chose not to follow our recommendations (write letter) . . . we can't go any further . . . don't think anyone involved in that project (Fly Creek PUD) . . . owners, lessees, developers . . . that don't understand . . . just have to hope . . . they respect the community's opinion . . . if not, we'll fine them . . can do nothing else."
Kingrea: ". . . be perfectly candid . . . I'm assuming . . . going by their track record . . . they're going in there and cut those things down."
A discussion ensued here about the wisdom of doing an additional survey for trees/plants under 4" diameter (greater than 1") to ensure more complete restitution (fines) if necessary -- but it was decided not to.
Fidler: (referring to the new bank) "That's probably going to happen . . . they're not going to be able to see that sign . . . next thing they're going to do is clear that (buffer) to see their sign (better from the roadway)."
Unidentified Member #2: "the action we've taken (already) . . . is most we can do to prevent damage to those trees."
A motion was made to enter into the record: "The Committee . . . would have preferred . . . Mayor had sent the additional letter, but accede to his decision not to . . . and accept the actions already taken by the Committee . . . most we can do to prevent damage to the trees."
The motion passed with only Chairman Green dissenting.
[Publisher's Note: Why the Police Department couldn't be asked to watch the site-- 24/7--for tree ordinance violations never came up]