02-09-2015 Council Packet - Laserfiche WebLink

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However, in the recent Reilly subdivision on High Lane/Graham Hill where one 2-acre lot was split off from a 7-acre homestead, the applicant successfully argued that the remaining 5 acres where the existing home was intended to remain should not be subject to the fee because, among other reasons, it is further subdividable and has no additional impa�t on the environment. This recent Council action suggests that a review of the basis for applying the SW&DT provisions is needed, and the code may have to be amended to address situations such as the above. For instance, should we change it so that any new lot that is `further subdividable' avoids the SW&DT fee? Who decides whether a future subdivision is feasible? Or, should any newly- created lot with a house on it be automatically exempted, like we do with Park Fees? Who is to say that the existing house won't be removed by a new owner and replaced with a new bigger house with lots of additional hardcover, which translates to greater environmental impact...? 2. Significant inequities in the fee structure for redevelopment activities as compared to new development and between various types/levels of redevelopment projects. In addition to establishing a stormwater fee for new developments, Ordinance 214 authorized the collection of a one-time trunk fee for redevelopment projects to be collected upon issuance of building permits, based (1) on the level of impervious surFace expansion and (2) adjusted for the type of land use. Shortly after adoption of the ordinance, the City Council at a work session directed that implementation of this facet of the ordinance be delayed for an indeterminate period, due in part to the expectation of a negative public reaction. As a result, the City has never begun collecting SW&DT fees for single family redevelopment (rebuilds) nor for new individual homes on previously vacant existing lots. The topic has never been revisited. The Redevelopment section of the ordinance establishes a per-acre fee that applies to the entire acreage of a redeveloping site, and it is based on the amount of impervious surface expansion that is proposed. The text and table (from the current 2014 Fee Schedule, matching what is in the Code) are as follows: Redevelopment projects wil/be deflned as any project to either remove and rep/ace existing structures or to enlarge existing structures. These projects wil/ be charged a portion of the base trunk fee adjusted for the area of expansion of impervious surface above the existing conditions. The table below lists the base trunk fee based on the area of impervious surface expansion and adjusted for the type of land use. The trunk fee shall be determined by mu/tip/ying the appropriate fee by the acreage of the deve/opment site. Page 4 of 9