Northwest Arkansas Democrat-Gazette
Downed trees an issue in Rogers
Shadow Valley subdivision work delayed because permits not obtained Shadow Valley
ROGERS — An issue with trees delayed work this summer on the next phase of the Shadow Valley subdivision, according to a city official.
Charles Reaves, the subdivision’s developer, had a few hundred trees removed from his property in preparation for construction on the land, but failed to obtain a grading permit and submit a tree preservation plan in advance, said John McCurdy, the city’s director of community development.
McCurdy described it as a “procedural error.” The trees were inside the development area. If they had been outside the development area, it would have been a more significant issue, he said.
The logging that was done would have been approved anyway, so the city doesn’t deem it a gross violation, McCurdy said.
“We took them back through the process of obtaining the grading permit to do work, so it shut them down,” he said. “They lost quite a bit of time, but at the end of the day what has been done was allowable and the end result was consistent with what the code requires.”
City code states a person must obtain a grading permit and submit a tree protection or replacement plan before removing more than seven “significant” trees. One tree must be planted for every five trees removed.
Reaves said any violation of the city’s procedures was unintentional. The number of trees planted on the land as it’s developed will “far exceed” the city’s requirements, he said.
The subject came up at Tuesday’s Planning Commission meeting. Don Spann, commission chairman, expressed irritation at the developer’s actions.
A commission member asked city attorney Bonnie Bridges about the process of issuing a citation or fine. Bridges explained a
“We took them back through the process of obtaining the grading permit to do work, so it shut them down.” — John McCurdy, Rogers director of community development
The area denoted by a star below is where Phase 10 of the Shadow Valley community in Rogers is planned to be built. 112
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complaint first would have to go to code enforcement, which would investigate the complaint. If code enforcement determines a violation has occurred, they decide whether to issue a citation, she said.
McCurdy said the developer already has paid a price because he had to halt work on the project while waiting for the permit.
Despite the tree issue, the commission Tuesday unanimously approved a grading permit for phases 10 and 11 of the Shadow Valley subdivision. Reaves submitted an application for the permit on
July 9.
Shadow Valley is described on its website as a private, gated-entry community of more than 900 homes. Phase 10 will cover an area near the intersection of West Pleasant Grove Road and Arkansas 112.
Daniel Ellis is a senior vice president with Crafton Tull, an engineering and architectural firm working on the Shadow Valley project. Ellis said there’s no exact count of the number of trees that were removed, but estimated it to be 300. Cutting the trees before obtaining the city’s permission was “an honest mistake,” Ellis said.
“I think most of the tongue-lashing that was given at Planning Commission [Tuesday] was just to make everyone aware” of the proper procedure, Ellis said. “It wasn’t really directed at our developer. It was more of an attempt to get the word out that this is the rule.”
The city’s tree preservation ordinance was written in 1997 to address incidents where large chunks of land were being logged, McCurdy said.
“The city sees mature trees as an asset,” he said. “Whereas we recognize development requires removal of mature trees, we do seek to preserve as many as we can that don’t impact development.”