The City's Tree Committee is presently finalizing its Tree Ordinance change recommendations (for the City Council) - possibly including some to the controversial green space/tree protection zones--adjacent to Hwy 104, Hwy 98 and N. Section St. --aka the 'Triangle' area.The Committee's proposal could include extending the same green space protection requirements to some other streets around town--and also changes to how much "natural growth" could be removed by the property owner/developer.
The 50' green space/tree protection zone was first adopted by the City Council in 1998, after the owners of the Triangle property began harvesting its timber--before building what they called "rental homes" there (after their commercial re-zoning request was denied by the city in late 1997).
The protection zone was reduced to its present 20' in 2003.
It has been a component of several lawsuits over the years against the city/others--at least 2 now on-going. (The lastest by the Triangle owners (Dyas) was scheduled for trial in May; and another concerning the Fly Creek Village PUD was just filed last Fall.)
Tree Buffer History (from media and eyewitness accounts):
A) 1998
1) From a Jan. 30th Press-Register article: 'Dyas Family Hits Triangle; Fairhope Battles in Court;Property Owners Remove Hundreds of Trees From City's Gateway.'
Art Dyas: "We told everyone what we were going to do and we're doing it . . . all the pines will be removed . . . only hardwoods greater than 6" diameter will remain . . . It will look substantially different . . . Whatever goes on on the north side of town can be attributed to (former Mayor) Jim Nix . . . (he) is holding the community hostage on this zoning issue and forced us into a box."
The article went on: "City officials estimated at least 200 trees were (already) cut."
Asked if he thought the Dyases were punishing the city for its refusal to buy the property, Nix replied: "you hit the nail on the head."
2) From a March 13th P. R. article: The Dyas family said a new city ordinance may keep them from using about 1/5 of their Triangle property which is undergoing tree clearing now in preparation for rental housing.
An ordinance passed at Wednesday's City Council meeting will prevent the Dyases from cutting anything from trees to grass within 50 ' of the 3 roads surrounding the Triangle.
The green space/tree protection zone ordiance makes it illegal . . . to remove vegetation within 50' of U.S. 98, N. Section St. Alabama 104, and Scenic 98.
The Dyas family began developing the Triangle for rental housing after 25 years of unsuccessful attempts to get the city to rezone (it) for commercial use.
Art Dyas: "What you've got here is nothing more than a three pronged run around our property . . . another ordinance . . . aimed at eliminating the potential to develop this piece of property."
3) Oct 22 P.R. article: 'Dyas Family Sues Over Triangle'
The city and 8 officials are accused in a lawsuit . . . of preventing the owners from developing land known as the Triangle. The Dyases say the city developed schemes and made fraudulent promises to keep the Triangle from being developed.
The Dyases halted development when the Council unanimously passed an ordinance calling for 50' buffer zones along roads around the Triangle.
Council members are currently considering reducing the protective zones.
B) 2002
1) From a Dec. 13th Press Register article: 'Rezoning Ends Bitter Battle'
Three decades of public debate, lawsuits, and political wrangling between city leaders and the Charles Dyas family over the Triangle property ended Wed. night . . . with a whimper, when Council voted 4-1 to approve the Village North PUD.
Dyas' attorney Vince Kilborn said he was "happy the matter has been settled . . . it ends a bitter, bittter, bitter 30 year fight. We think this will be good for the city and the Dyas family."
The Federal lawsuit was rendered moot by the Council's action, said lawyers for both sides.
Kilborn: "This will settle it. We appreciate the city taking this reasonable position."
C) 2003
November: The city's Tree Ordinance was revised; and the 50' green space/tree protection zone was reduced to 20'.
D) 2006
The Fly Creek PUD was approved for the so called 'Corte Rectangle' on the east side of Hwy 98, just north of the Triangle.
E) 2007
1) December: The Dyas family requests a variance (increased commercial square footage)-- to allow a Publix supermarket to locate in their Village North PUD--already approved for the Triangle.
Planning and Zoning Commission rejects their request by a 5-3 vote.
F) 2008
1) April: The Publix grocery decides to locate in the Fly Creek Village PUD instead. Construction begins soon thereafter.
2) From an April 13th P.R. article: 'Triangle Sparks Lawsuit'
Whether by conspiracy or carelessness, city officials in recent years allegedly thwarted development of the "Dyas Triangle" . . . while ostensibly bending over backwards to benefit the "Corte Rectangle" project on the opposite side of US 98. Its the third lawsuit between the city and the Dyases since conflict over developing the property began in 1972. The "Corte Rectangle" is owned by the Corte family, while the "Dyas Triangle" is owned by their cousins, the Dyas family.
The lawsuit also alleges that the city "embarked on a decades long effort to prevent development of the Triangle property in order to preserve it as an un-developed entry corridor into Fairhope."
G) 2009
1) From a January P.R. article: 'Mayor Proposes Purchasing Triangle'
Mayor Kant: "This isue has been looked at for 30+ years with no end to litigation . . . spending hundreds of thousands of dollars . . . with no end in sight."
2) July: Phase 1 of the Fly Creek Village PUD is completed and the Publix grocery opens there.
2) November: The site plan for a bank (Iberia) was approved by the City Council for the Fly Creek Village PUD--on condition the "buffers not be disturbed" (per city ordinance).
3)December: Parker Rd./Montrose area residents file lawsuit against the city/others alleging (among other things) vegetation within the 20' green space/tree protection zone was damaged during construction of Phase 1 of the Fly Creek Village PUD (aka Publix).
Plantiff Paul Ripp (in a Dec. 12th Fairhope Courier interview): "The lawsuit is based on accountability. There's been no accountability for that project . . . some people have been rewarded for their bad behavior."
H) 2010
1) April: Tree Committee to consider what Tree Ordinance changes to recommend to the City Council (including to the 20' green space/tree protection zones--if any).
2) May 4th: The Dyas family's lawsuit is scheduled for trial at the Mobile Federal Courthouse (subject to change).