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Minutes for the Stormwater Management Board Meeting on October 21, 2020
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STORMWATER MANAGEMENT BOARD MEETING MINUTES
Date:
October 21, 2020
Location:
Municipal Center
First Floor Conference Room
300 South Church
Jonesboro, AR 72401
Time:
8:30 a.m.
Opening:
In Attendance marked in bold
Members:
Susan Merideth
Jeremy Bevill
L.J. Bryant
Charles Coleman
Jerry Farris
Woody Freeman
Jeannie Gillis, Co-Chair
Chris Kidd
Brett Provost
Matt Taylor
Rick Wyatt, Chairman
Officials & Staff:
Harold Perrin - Mayor
Derrel Smith - Director of Planning & Zoning
Craig Light - Chief City Engineer
Roger Gibson - Stormwater Manager
Marvin Day, Craighead County Judge
Eugene Neff - Road Superintendent
Bobby Clark - ASU
Tracey Cooper - Secretary
George Hamman
Scott Throgmartin
I. CALL TO ORDER
Wyatt called the meeting to order at 8:30 a.m.
II. ROLL CALL
III. APPROVAL OF MINUTES
*Minutes for the September 16, 2020, Stormwater Management Board Meeting
Motion to approve the minutes was made by Freman and seconded by Coleman. The minutes were unanimously approved.
IV. NEW BUSINESS
Wyatt stated the Mayor’s Chief of Staff has ask that we wear our mask while we are in this meeting, in addition, to social distancing.
Hamman stated he is at the meeting to request a variance to an ordinance that up until about a month ago has not been enforced regarding lot splits. In the past, if you have a parcel plan and meet all the requirements, the lot could be sub divided into two lots without any enforcement of the subdivision regulations. Mr. Throgmartin purchased a lot on Prospect Road after the March 28th tornado and after several attempts at how to split the lot, this existing ordinance came to light. To split the lot, the Developer will have to enclose approximately 190 feet of open ditch. Traditionally, finances are not a valid motivation for making a request of this nature. The decision to purchase and divide the lot were made prior to the commencement of the enforcement of this ordinance. There is more than 4,000 feet of open ditches along Prospect Road and if this property were to have enclosed ditches it would not be consistent with what is currently there.
Mr. Throgmartin does not intend to put in a new driveway. One driveway will be used for both properties. The variance is being requested because of the lack of enforcement of an old ordinance that the staff knew little about. He made a decision regarding the purchase and development of the property and then was informed about this ordinance. He is now requesting a variance regarding the pipe.
Wyatt questioned the financial cost to the developer if the ordinance is enforced. Hamman replied $60,000 - $70,000. It is a large pipe because it is a large ditch.
Light stated that in the past, the City has been ask to cost out enclosing the entire drainage system down the road and it is very expensive. The ditch is a hazard and needs to be enclosed. It is the intent, as the property is redeveloped it is upgraded by the Developer. The Developer can go back with a single structure and not have to enclose the ditch. The issue is when he splits the lot. Throgmartin agreed that financial hardship is not a reason to request a variance but he had no idea that this situation would arise. The Developer stated that he had intended to split the lot into three buildable lots but was
informed by Hammon that would become a subdivision and additional work would be required. He decided that it was not cost effective to do the additional work required and decided to do a single lot split.
Wyatt questioned if when purchasing the property, if the Developer just looked at historical knowledge and did not consult with City officials. Throgmartin stated he did not consult with the City. He based the purchase on history of how the process was handled three years prior with his father’s property on Elizabeth Lane.
Wyatt stated this committee is here to comply with what the City has set out. He ask Craig to address the definition of a development. Light referred to the ordinance and the exceptions of when you do not have to have a Stormwater Management Plan (SWMP). Since there is going to be more than one house on the lot, a SWMP is required and that requires there be no open ditches in the front or side of the lot. The ordinance has been inconsistently enforced for commercial development and has previously not been enforced for residential. A situation regard a lot split was brought up earlier in the year and the ordinance was brought to the Board to make sure that the City and the Board’s interpretation of the ordinance was the same. The Board concurred that it is intended that if a lot-split is done it must meet all requirements of the code section. If you develop ten lots or two lots, you must bring it into current standards. The City started applying it based on your concurrence. This came in after this decision. The Board has the right to grant a variance.
Throgmartin stated that this interpretation was applied three months ago and the property was purchased four months ago. It has taken a long to get here.
Wyatt questioned if there was a quorum. Yes there is a quorum. Kidd made a motion to vote to approve the variance. A roll call was taken.
Bevill - Yes
Coleman - Yes
Farris - No
Freeman - No
Gillis -Yes
Wyatt - No
Kidd - Yes
The motion passed by a 4 to 3 vote.
Wyatt ask if there was any additional New Business, Light stated that the City received a Hazard Mitigation Assistance Grant to acquire four repetitive loss structures. It will be next year before we start purchasing properties.
V. OLD BUSINESS
Coleman stated that committees, such as this one, are formed and there is no revenue source to fund projects. Wyatt and Coleman discussed meeting with the Mayor to discuss this issue. Wyatt suggested meeting with the current Mayor because of his history with the situation and then schedule a meeting with the new Mayor in the new year.
VI. OTHER COMMUNICATIONS
VII. PUBLIC COMMENTS
VIII. ADJOURNMENT
Wyatt adjourned the meeting at 9:18 a.m.