At issue is a pasture in the Broadmoor area that soon could give rise to a verdant enclave of million-dollar homes called Archer Park, or, as some neighbors see it, a flood-water and traffic nightmare.The Indy asked Delesk for a comment on Jan. 17 about the city's approval of his drainage plan and his next steps, Delesk says via email:
While it’s not unusual for City Council to encounter citizen outcry over developments of hundreds of homes or apartments, Archer Park covers only 4.7 acres. But the small development has drawn outsized opposition from dozens of neighbors who’ve spent tens of thousands of dollars on studies, consultants and top environmental engineers to refute the developer’s claim the plan won’t flood adjoining properties and adjacent streets.
As Les Gruen, a consultant hired by the neighbors, says in an interview, “I thought this was going to be a pretty straightforward deal, and I ended up working on it for a year.”
Even the developer himself, Richard Delesk, acknowledged in an email to the Independent, “I have never seen anything like this opposition. This is well-funded NIMBYism against a development that is rigorously documented, thoughtfully planned and which has passed all regulatory hurdles with flying colors.”
But that’s not really the case. Although City Council OK’d the subdivision 7-2 on June 27, a final drainage plan remains in flux, and Council specified it must be approved by city planners before the final plat is recorded.
Yes we have been informed of the approval and are thrilled as you might imagine. As far as a start date on the project we don’t currently have a schedule. There is a lot of utility work that has to be designed and installed prior to starting any building. That said we are currently keeping ourselves busy with a fantastic Parade Home we’re starting construction on in our Marland Park Subdivision.Albert wrote a Jan. 17 email to the Independent, saying he was not backing down.
Regarding an IM maintenance plan – According to City Code §7.7.1527(C)(1), an inspection and maintenance plan “shall be developed by the owner concurrently with the design of the facility and submitted with the erosion and stormwater quality control plan for approval by the City Engineer.” So you see, one is not due yet nor is there a deadline for the erosion and stormwater quality control plan.
As far as neighbors’ concerns to future flooding, I maintain the belief that the City Engineers that strenuously reviewed and subsequently approved our plan know what they are doing. We’re going to be adding drainage infrastructure where none currently exists. I think that’s a huge positive to the neighborhood. Since the Albert's are suing the City (and City Council and myself and my company) I'm sure the validity of their concerns will be evaluated in our court system.
The maintenance plan for the storm water infrastructure is not yet due. According to City Code § 7.7.1527(C)(1), an inspection and maintenance plan (“TM plan”) “shall be developed by the owner concurrently with the design of the facility and submitted with the erosion and stormwater quality control plan for approval by the City Engineer.” There is no deadline for the erosion and stormwater quality control plan. The maintenance plan will be publicly available once it is received by the City.In an interview last month, developer Delesk said his plans have complied with all city requirements and pointed to his long-time success record in developing housing projects that date back more than three decades. He declined to elaborate on plans to develop Archer Park at that time.