FARMINGTON -- After tabling the preliminary plat for Phase 5 of Goose Creek Village last month, Farmington Planning Commission unanimously voted to approve the plat at its Jan. 23 meeting.
The preliminary plat, which was the only item on the commission's agenda, calls for 101 buildable lots on about 46 acres. Phase 5 is located in the northwest section of the subdivision off Double Springs Road. The agenda shows Red Canyon Development as the owner of the property with Jorgensen & Associates listed as the engineering firm.
The commission approved the plat contingent on the city engineer's memo which stated the developer will pay $60,600 ($600 per lot), in lieu of donating land for green space, and construction traffic cannot go through Silverthorne subdivision.
As happened last month, several residents along Goose Creek Road or near the subdivision spoke about Phase 5 and problems they are having with flooding and stormwater drainage since the construction of the subdivision.
Phyllis Young, who has attended many commission meetings to speak out against the development, once again stood up to voice her objections, saying flooding, mud and debris coming from the subdivision is damaging her property.
Young has filed a lawsuit against the city of Farmington and builders and developers connected with Goose Creek Village. The complaint is requesting a preliminary injunction prohibiting further construction and an injunction that prohibits the city from approving further construction.
Last week, Young said she was not at the commission meeting to argue the merits of her lawsuit.
"My plea to the commission remains the same," Young told commissioners. "Most of the subdivision has been engineered and constructed in such a way that the runoff water from the subdivision has been consolidated into one channel and has been discharged into my property causing damage. The amount and velocity of runoff water is greater than it ever was preconstruction."
She said she was not going to repeat any of her past comments but pointed out she had photos that show flooding and damage to her property and believes those pictures "speak louder" than anything she would say.
She said her complaints and others' complaints are "real" and the preliminary plat should not be approved. She asked the commission to take a deeper look and ask the hard questions and slow down the process.
"There is a drainage problem, a problem that the city and its citizens will inherit if you continue the plat applications without additional scrutiny," she added.
Several other residents who spoke at the December meeting also spoke again about drainage issues that they believe are a result of stormwater runoff from the development.
Mark Bradley once again recommended the city put together a committee to look at an area prior to construction and then again after construction to see the impacts from development.
A study would show the effects of erosion and runoff from a development, Bradley said.
"I definitely see a large amount of erosion on Goose Creek," he said, noting the creek banks have grown so much the last few years "it blows my mind." He said it's scary what that will look like in another year.
Shane Sparks of 13579 Goose Creek Road said his home was flooded, with 18 inches of water running through the house during a major rain event in May 2022.
It's not just farmland that's being flooded, Sparks said, adding he is seeing the creek rise exorbitantly from runoff, even with a few inches of rain.
Following 20 minutes of public comment, Chairman Robert Man brought the discussion back to the commission, saying he did like the idea about having a committee or study to look at the effects of development on an area, preconstruction and postconstruction.
City Attorney Jay Moore then addressed the commission and those at the meeting saying there were a "couple of things" he wanted to explain.
For one, Moore said, property owners have a right to develop their property. The city cannot stop that but what a city can do, and what Farmington has done, is to pass ordinances that must be followed before a development can happen. The commission's job is to review the requirements and compare them with the development plans, Moore said.
"It's unfortunate but if a developer meets every burden they have to meet, and you vote no, then they turn around and sue and you lose. And it cost us a bunch of money. That way in the future, if you guys want to make things more difficult, you have to change the ordinances."
Moore said it's a legal question in approving a development: did they meet the legal burden?
"That's what you're up against," he told the commission. "If we vote yes, then Mrs. Young's situation, it may deteriorate her situation. We vote no, then we're getting sued by the developer. You're not in a great position but you have to make the right position. That's up to you guys, of course."
Mann said the key is what the law says and what the ordinances read. If the commission doesn't like something, it can consider changes.
After the commission approved the preliminary plat, city engineer Chris Brackett explained the developer will have to submit full construction plans to be approved by the city of Farmington, city of Fayetteville and Arkansas Health Department. Once these are approved, then everyone meets for a preconstruction conference. Following this meeting, the developer can apply for a grading permit to move dirt and start construction.
After the meeting, Young said the city needs to make drainage regulations much more strict if the commission members believe what they've done is correct "because it's not right."
Young's photos showed her land flooded from stormwater, as well as debris floating in the water with the drainage pipes used as part of the subdivision's drainage system in the background.