Editor:

I am writing in response to a letter to the editor titled “Developers not being treated equally” published in the April 29, 2009 edition of the Fairhope Courier. The article was factually incorrect in a number of respects. The purpose of this letter is to clarify a few points.

Conceptual plans for the Publix project were submitted to the Planning Commission prior to the Planning Commission taking the matter up for a vote.  In this case these conceptual plans were submitted and approved by the Planning Commission in the fall of 2007. As part of the review of the project by the city’s planning staff, which was provided to the Planning Commission and the City Council, it was noted by the engineer for the project that a number of trees would be removed due to the design of the site and the designed elevation change.

In January 2008, after the Planning Commission had approved the project, but before any building permits had been issued, a tree survey was presented to me in my capacity as the city horticulturist. Having such a tree survey for a project of this nature is a prerequisite for a developer being able to obtain a building permit. In order to obtain a building permit, a developer must also, among other things, present a landscape plan to me (as the city horticulturist), and that landscape plan must in turn be approved by me (as the city horticulturist).

There were also statements about the Shellbrooke Pointe apartment complex trees. This case is not at all similar to the Publix project and cannot be fairly compared. The developer for the Shellbrook site removed the trees on their site without a permit; whereas, the developer of the Publix site removed the trees per the Planning Commission-approved site plan and per the landscape plan submitted by the developer to and approved by me (as the city horticulturist).

Publix was required to plant a substantial number of trees on the site, over and above the required amount. The site greatly exceeds the tree requirements required by the City of Fairhope tree ordinance.

Jennifer Fidler

city horticulturist