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Minutes for the Stormwater Management Board appeal hearing for Candlewood Suites on July 16, 2008.
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STORMWATER MANAGEMENT BOARD APPEAL HEARING MINUTES
Date: July 16, 2008
Location: Huntington Building
Conference Room #105
900 West Monroe
Jonesboro, AR 72401
Time: 8:30 a.m.
Opening: Vice-Chair Vance called the hearing to order at 8:34 a.m.
In Attendance marked in bold
Members:
Dewaine Beisner
Todd Wilcox
Michael Daniels
Alec Farmer, Chair
Jerry Farris
Betty Shaw
John Street
Gene Vance, Vice-Chair
Jon Wilbanks
Dennis Zolper
John Easley
Officials & Staff:
Doug Formon - Mayor
Tony Thomas - Project Administrator
Erick Woodruff - Public Works Director
Otis Spriggs - Director of Planning & Zoning
Craig Light - Chief City Engineer
Michael Morris - Civil Engineer
Tracey Cooper - Secretary
Others in Attendance:
George Hamman
Travis House
Thomas White
Phillip Crego
Chairman Farmer recused and turned the appeal hearing over to Vice-Chair Vance. Wilbanks and Easley are the alternates. Crego clarified that both alternate votes will count because Farris was not present and Farmer recused. Vance questioned which rules would apply for the appeal -old rules or new rules. Crego stated that the existing rules under which the project began would apply.
Spriggs stated that the request was brought to the Planning Commission because of the old rules and was recommended to this Board.
The person appealing is allowed to speak first. Hamman stated that the reason for the appeal was that John Kazi Construction wants to construct a hotel on the SE corner at the intersection of Phillips Drive and Kazi Drive. He stated that the latest revisions to the map were done in 1999 and show the floodplain is limited to the north side of Phillips Drive. Hamman noted that there is a pipe network the runs from the crossing of Whiteman’s Creek at Stadium Drive. Pipe runs south on the west side of Stadium to the south side of Phillips Drive and extends to the west to and beyond the intersection of Kazi Drive. The FEMA maps show the floodplain elevation to be 260. Phillips Drive drops below 260. Hamman pointed out that the street elevation for Phillips Drive is 258 and with the pipe network, if there is a 100-year storm event, the pipes will be full and Phillips Drive will be under water. Using the FEMA maps, some portion of the property are in the floodplain. For this reason, Kazi request to make an in-lieu contribution for storage on this site rather than storing water. The site becomes undevelopable if water is stored on site because it would be stored above the 100-year elevation. A request was made to participate in the in-lieu program and not build the storage facility on the property because of elevation information. Hamman then pointed out the network of pipes on Sheet 2 of the plans.
Light is the representative for the City of Jonesboro. Light objected to the in-lieu contribution because no attempt was made to manage the water except to push it off into the street for the City to handle. Light stated that no detailed study information on the downstream drainage network was provided. There is no capacity information on the adequacy for a 5-year or 10-year rainfall event on the 24” pipe down Phillips Drive. Light referred to §4.1.F.2. of the Stormwater Ordinance regarding no in-lieu contributions are allowed when existing flooding occurs downstream from development, or if the development will cause downstream flooding. No other options were given for mitigating the increased runoff from the site. Light stated that there are other options for managing the water including: rooftop storage, underground, or possibly a flood gate on 24” pipe. Light ended with that the water could be managed in a better way.
Street questioned if on-site detention was done, would the site be undevelopable? Light said the only proposal presented was for in-lieu and there is no indication other options or alternatives were considered.
There were no public comments.
Vance opened the floor to Board members for comments and questions. Zolper pointed out that the ordinance was not on the City of Jonesboro website. Zolper stated that if the developer had submitted proof of flooding downstream then in-lieu contributions would not be an option because of §4.1.F.2. He then questioned, is it a discretionary decision of the Engineering Department or would it be referred to the Board if the information showed no increase in flooding downstream? Light answered, at this time it would be discretionary but because of proposed changes to the ordinance an in-lieu contribution would be a measure of last resort. Zolper suggested that since the new ordinance has not been adopted by the City, it be used as a reference or guide but not relied on. Zolper questioned Hamman on why if the FEMA map was revised in 1999; it came as a surprise when developing the property? Hamman stated that the owners had been looking at the property for a few years and had some information and relied on that information without checking to see if there was updated information. Hamman stated this was done without his input and that he was brought into the project two weeks ago.
Vance stated that if there were no more questions, then Hamman would have the opportunity for rebuttal. Hamman stated that he did not have a rebuttal but more of a comment that a new configuration could be looked at. Vance interjected that is separate from the specifics of the appeal hearing. Hamman stated that he did not disagree with Lights comments. With no more comments Vance motioned to uphold or deny this appeal. Zolper moved to deny the appeal. Shaw seconded. Vance called roll.
Aye (8): Beisner, Wilcox, Daniels, Shaw, Street, Wilbanks, Easley, Zolper
Absent (1): Farris
Abstain (1): Farmer
Hamman was informed that the next step in the appeal process was to appeal to the Craighead County Circuit Court.
Vance turned the chair back to Farmer at 9:02 a.m.