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47 °F Forecast | Road Cams Tuesday, May 11, 2004 Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA Newspaper in Education Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find a Rental Place an ad eSouthernOregon Automotive Communities Entertainment Publications Recreation Calendar CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit Network Affiliate Email Story to a Friend April 22, 2004 From right, Velda Hunt, Eugene Miller and 17-year-old Emily Hunt examine a fence on the Hunts� property that is falling down because of erosion along Jackson Creek. They worry a proposed subdivision across the creek will exacerbate the erosion. Mail Tribune / Bob Pennell Streamside squabble Central Point residents fear erosion problems from new housing planned on the other side of Jackson Creek By DAMIAN MANN Mail Tribune Velda Hunt warily watches the eroding banks of Jackson Creek nibble away at her property, undermining a backyard fence that is only 10 feet from her Central Point home. Hunt and other neighbors in Rosewood Estates on Rosewood Lane fear the erosion could get worse if a proposed subdivision across the creek channels more water toward their houses during a flood. "The way they built that subdivision up, it’s turning the creek toward us," said Hunt. She and other homeowners claim crews changed the topography of the nine-home Jackson Woods subdivision on Hanley Road by bringing in excess fill dirt as early as 4:30 some mornings. They worry the extra dirt and roadways will funnel floodwater toward Rosewood Estates. Community Planner Ken Gershler said the city is investigating these claims and will require the owner to remove any excess soil if a problem is found. Advertisement The owner is Sal Esquivel, a real estate broker, former Medford city councilman and state senator. Community Development Director Tom Humphrey said the city has bent over backwards to answer neighbors’ objections and to allay their fears that Esquivel’s project will impact flooding. "We spent much more time and energy on them and their concerns than any other subdivision," he said. The subdivision has been approved by the city but awaits a final review by Jackson County before construction can begin. Esquivel said he wasn’t aware of any extra soil brought into the site, and said his property is being designed to have as little impact on the creek as possible. "I think our project is built a lot better than some of the neighborhoods around it," said Esquivel. "It’s been engineered and done properly and that’s all you can do." Both subdivisions are part of a broader problem for local governments that are trying to keep construction away from creeks but find it difficult to manage growth because of demands from developers. Rosewood was built in 1997 and 1998 based on a city ordinance that allowed homes to be placed 15 feet from the creek bank. But since then, the city has passed an ordinance establishing a 25-foot setback. Gershler remembers that the Planning Department objected to the Rosewood development. "It shouldn’t be put out there because it could be undercut by the bank, and the developer at that time — Dallas Page — challenged the city and said he had the right to build these structures," Gershler said. The city had talked about creating a wider riparian setback, but received a lot of flak from developers, said Gershler. Jacksonville, for example, has a 50-foot riparian setback around Jackson Creek. Gershler said the city would like to do more, but doesn’t have the financial wherewithal to buy up property along creeks. "If money wasn’t an option, and we were like Beverly Hills, we would buy all of that property on both sides and keep it like the Bear Creek Greenway," he said. Homeowners said they don’t trust many of the explanations given by the city, and particularly mistrust a proposed recalculation of the floodplain elevations that they say have made it easier to approve the 2½ -acre Jackson Woods. "This is no different than insider trading," said Eugene Miller, a homeowner in Rosewood Estates. "People in the know can make money, while others are excluded." Miller, who plans to voice his objections to the City Council tonight, said the new subdivision would have had a far more difficult time of getting approval if the developers had used the old floodplain calculations. When Miller’s home was built, the foundation was designed two feet above the old flood stage calculations of 1,287 feet above sea level. "The foundation was designed to let the waters flow in and out," he said. But now he’s worried that the design of the development across the creek will push more floodwater toward his home and others. Other homeowners are also worried the proposed new flood elevations — three feet lower than currently calculated — have made it easier for Esquivel to develop his subdivision. Gershler denies this claim, saying the floodplain study was primarily funded by the Federal Emergency Management Agency and began before the Jackson Woods subdivision was first discussed almost 18 months ago. Central Point is accepting public comments on the new floodplain elevations, which will likely be approved within a year. "There is some sort of assumption that they (developers) may get special treatment because of political influence," he said. "It doesn’t matter who you are. We have to look at everything objectively." Esquivel resented claims that he exerted political influence in the process. "It is very inappropriate to make a remark like that about me," he said. He said the homeowners appear to be blaming him for a problem that predates his subdivision plan. "They are built right on the creek and I’m doing a 25-foot setback," he said. "I don’t want to build that close to the creek (like Rosewood) because it makes all your property values go down." He said the only area in his subdivision that has problems with the bank sloughing away is on a narrow lot that won’t be built on, and which has been donated to the city. Esquivel stopped short of saying he would follow the example of Jacksonville and build the homes 50 feet from the creek. "We’ll probably be close to 50 feet," he said. "I don’t know how close our footprints (for house sites) are." But homeowners in Rosewood Estates, where houses start at $338,000, remain skeptical about Esquivel’s plans. Larry Pool, whose house sits close to the creek, said, "I don’t want water from that side coming over here and causing a problem." Reach reporter Damian Mann at 776-4476, or e-mail [email protected] Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback ADVERTISERS A D V E R T I S E R S RESOURCES Oregon Road Conditions & Cams SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Food for Thought Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities Prime Times