02-09-2015 Council Packet - Laserfiche WebLink

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3. Lack of clarity as to applicabilitv of the redevelopment fee. Recent new home construction on the Maple Place existing individual lots and the need for stormwater system upgrades off-site to accommodate that development has now begged the question as to what constitutes new deve/opment as opposed to redevelopment. The Code does not define `new developmenY; staff has always interpreted new development to mean the result of a subdivision process. However, recently there has been one significant construction project that did not result from subdivision - the senior housing at 875 Wayzata Boulevard - that was charged the SW&DT fee for multifamily development. The historically vacant Maple Place lots are being charged the SW&DT fee on an individual basis as building permits are issued*. It is now clear that not all `new development' involves a subdivision. *The Maple Place project brought this issue to the attention of staff due to the specific stormwater impacts of developing on a series of adjacent existing individual lots. As a plat for development of 3 double lots, there was no question that the SW&DT fee would be collected at the new development rate. When that changed to building on 6 existing adjacent vacant lots absent a subdivision, but still involved a CUP for grading to manage the stormwater, staff questioned whether it was consistent with current practice to charge the SW&DT fee. Soren suggested that it is clearly authorized by City ordinance, and our discussion with the Maple Place applicants in April 2012 resulted in their commitment to pay the fees with the individual building permits. The Code defines 'redevelopment' as "any project to either remove and replace existing structures or to enlarge existing structures". This definition does not specifically address whether it applies only to existing principal structures or also to existing accessory structures. This definition does not address whether construction of an entirely new accessory structure is considered as new development or redevelopment. Since there is no definition of`new development', we have no direction as to where accessory structures fit into the mix. Proposed Goals for Moving Forward • Define the term "new development" to include a variety of activities that inherently increase environmental impacts, including subdivisions to create new building sites as well as new construction or hardsurface installation projects occurring on previously vacant properties where a subdivision is not involved. - Determine whether constructing new accessory structures not involving replacement or enlargement of existing accessory structures, is included in the definition of`new development'. - Determine under what conditions it is appropriate to charge a fee for all or only some lots in a new subdivision - i.e. decide under what scenarios is a new lot with an existing home charged the SW&DT fee. • Consider establishing a fee system for new development that places more of the burden on properties that do not have the means to infiltrate stormwater on site. The current ordinance establishes a er-acre trunk fee that is the least for large lots and increases as lots get smaller and/or as density or intensity of use increases. The problem is that as a per-acre charge, it is likely that the small lot with no infiltration potential and substantial runoff needing to be treated, pays much Page 7 of 9