Watershed regulations win support

— Central Arkansas Water commissioners voiced their support Monday for county land-use regulations meant to protect the Lake Maumelle watershed despite the request of supporters and critics that they delay approval until Pulaski County made some suggested changes.

The commission’s vote took place ahead of today’s Pulaski County planning board meeting where county planners are expected to vote on the land-use regulations that have been in the works since the start of the year.

The regulations would limit the number of houses per acre and keep potentially harmful developments, such as landfills, from operating in the watershed that drains into Lake Maumelle, the region’s main source of drinking water. The 60-page document would also require streamside buffers and provide some exemptions for small-property owners.

“I really feel that something is a lot better than nothing,” Commissioner Jay Hartman said after the vote in a standing-room only board room.

The resolution Hartman and other commissioners passed said they support the county’s proposed ordinance but had some concerns. The resolution calls on the county to continually monitor the impact of land-use regulations on property owners if the Quorum Court adopts the ordinance, and recognize the need for possible changes in the future.

“The zoning code is another good step forward in the continuum of watershed protection,” part of the resolution states, adding that it “will provide the consumers of CAW with a truly progressive multilevel approach to source water protection.”

Pulaski County’s proposed land-use regulations are the latest effort by the utility to protect Lake Maumelle, with the idea being to keep development in check so more pollutants won’t enter storm water runoff and drain into Lake Maumelle. In addition to the land-use regulations, the utility has been purchasing property to mitigate pollution from development and the county recently adopted a subdivision ordinance that spelled out pollution limits from new developments.

The latest regulations go a step further, requiring developers in certain instances to set aside a portion of their property to remain undeveloped and zoning some of the watershed as low-density development.

The dozen speakers Monday disagreed about the degree of regulation needed, but people on both sides of the issue wanted commissioners to delay their approval.

“We don’t need to rush,” said Nell Matthews, president of the League of Women Voters of Pulaski County. “We can wait. We want to understand what we’re getting.”

“This is a ‘do it right’ issue, not ‘do it fast’ issue,” said Barry Haas, a member of Citizens Protecting Maumelle Watershed, a group that has long supported the utility’s efforts in the watershed.

The group wants the county to eliminate the option for developers to build a greater number of houses per acre in a portion of the “low-impact” district, and increase the amount of undisturbed space. Citizens Protecting Maumelle Watershed has also asked the county to increase stream buffers to 75 feet on both sides of a stream and to remove the possibility of multifamily developments in the Little Italy community in western Pulaski County.

Representatives from the Arkansas Farm Bureau and Pulaski County Farm Bureau told water commissioners they oppose the regulations in general, and several property owners said the county’s plan would prevent them from using all of their land while still being responsible for 100 percent of the tax bill.

Others said the regulations would devalue their property or make it difficult to redevelop, especially if a creek runs through it.

“If you do this buffer zone, you kill my property,” said Fred White, who lives within 50 feet of Bringle Creek and was told he likely couldn’t mow his grass near the stream. “There wouldn’t be a person in Pulaski County who would want to buy my house.”

An attorney for the Whites pointed out discrepancies in the 60-page document that would allow a church to be built, but only if it didn’t increase traffic.

“This zoning draft is poorly written, and it’s not a good idea to pass something that’s poorly written,” said Lorie White, Fred White’s sister-inlaw who also lives on family property. “I don’t understand what the big rush is.”

Water commissioners, however, and the utility’s director said they’ve held numerous public hearings and are ready to move forward.

Even though the utility will not be the entity enforcing the regulations, Pulaski County Judge Buddy Villines said on Friday that the land-use regulations would be dead in the water if water commissioners didn’t support them.

Commissioners said they were happy with some lastminute changes made after 5 p.m. Friday, such as changing the definition of “structure” so it didn’t apply to fences, and removing some language that made setting aside undisturbed land seem voluntary in some instances.

“At some point, you have to say let’s take a vote and this was it,” said Graham Rich, the utility’s director.

The planning board meets at 3 p.m. today in the County Administration Building at 201 S. Broadway in Little Rock.

Front Section, Pages 1 on 11/22/2011

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