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Impervious Cover 8/18/09 Impervious Cover 8/18/09 Small Structures Category Small Structures Category Category was established in May 2008 Category was established in May 2008 to provide some relief from to provide some relief from impervious cover restrictions for impervious cover restrictions for small structures on Single Family small structures on Single Family Residential Lots with simple Residential Lots with simple residential pollution mitigation residential pollution mitigation measures that were designed to be measures that were designed to be appropriate for the minimal level of appropriate for the minimal level of impact on water quality. impact on water quality.

Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

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Page 1: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

Impervious Cover 8/18/09Impervious Cover 8/18/09

Small Structures CategorySmall Structures Category

Category was established in May 2008 to Category was established in May 2008 to provide some relief from impervious cover provide some relief from impervious cover restrictions for small structures on Single Family restrictions for small structures on Single Family Residential Lots with simple residential pollution Residential Lots with simple residential pollution mitigation measures that were designed to be mitigation measures that were designed to be appropriate for the minimal level of impact on appropriate for the minimal level of impact on water quality.water quality.

Page 2: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

Impervious Cover 8/18/09Impervious Cover 8/18/09

Small Structures CategorySmall Structures Category

As established in May 2008, provided for As established in May 2008, provided for eight categories of small structures that were:eight categories of small structures that were:

Excluded from impervious cover calculationsExcluded from impervious cover calculations

Allowed in all water quality zonesAllowed in all water quality zones

Required simple residential pollution mitigation Required simple residential pollution mitigation measures measures

Page 3: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

Impervious Cover 8/18/09Impervious Cover 8/18/09

Small Structures CategorySmall Structures Category May 2009 AmendmentsMay 2009 Amendments

Small structures count toward total impervious Small structures count toward total impervious cover calculationscover calculations

Council Variance required for small structures Council Variance required for small structures over 14% in the Transition Zone (may need over 14% in the Transition Zone (may need clarification)clarification)

Council Variance required for all small Council Variance required for all small structures in the Critical Zonestructures in the Critical Zone

Page 4: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

Impervious Cover 8/18/09Impervious Cover 8/18/09

Small Structures CategorySmall Structures Category

Under May 2009 amendments, small structure Under May 2009 amendments, small structure residential mitigation measures are:residential mitigation measures are:

Only applicable in Transition Zone Lots Only applicable in Transition Zone Lots throughout the City and Deed Restricted Lots in throughout the City and Deed Restricted Lots in the Meadows (Transition and Uplands)the Meadows (Transition and Uplands)

No longer allowed in the Critical ZoneNo longer allowed in the Critical Zone

No longer applicable in the UplandsNo longer applicable in the Uplands

No longer applicable to lots in the VillasNo longer applicable to lots in the Villas

Page 5: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

Impervious Cover 8/18/09Impervious Cover 8/18/09

Additional May 2009 AmendmentsAdditional May 2009 Amendments May 2009 Impervious Cover changes also included:May 2009 Impervious Cover changes also included:

Total residential lot Impervious Cover established as Total residential lot Impervious Cover established as 18% of total lot area.18% of total lot area.

Provisions added to allow limited development in the Provisions added to allow limited development in the Transition Water Quality Zone by Council granted Transition Water Quality Zone by Council granted modified administrative approval (Espey Mitigation)modified administrative approval (Espey Mitigation)

Provisions to amend existing deed restrictions in the Provisions to amend existing deed restrictions in the Meadows regarding impervious cover limits.Meadows regarding impervious cover limits.

Access to staff and administrative approvals (Espey Access to staff and administrative approvals (Espey Mitigation) for Transition and Deed Restricted lotsMitigation) for Transition and Deed Restricted lots

No Administrative approvals in the critical zoneNo Administrative approvals in the critical zone

Page 6: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

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June/July 2009 June/July 2009 Council WorksessionsCouncil Worksessions

Direction to consider some small structures Direction to consider some small structures as pervious (that meet specific standards):as pervious (that meet specific standards):

Pool surface area Pool surface area

Rainwater harvesting systems Rainwater harvesting systems

Uncovered slatted decksUncovered slatted decks

gravel/ paver patios and walkwaysgravel/ paver patios and walkways

Page 7: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

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June/July 2009 June/July 2009 Council Worksessions Council Worksessions

Direction to consider other small structures Direction to consider other small structures as impervious:as impervious:

Sidewalks and walkways constructed of impervious Sidewalks and walkways constructed of impervious materialsmaterials

Coping of Swimming PoolsCoping of Swimming Pools

Covered decks and gazebosCovered decks and gazebos

Solar or wind power structures (footprint)Solar or wind power structures (footprint)

Small accessory structures (max 350 sq ft)Small accessory structures (max 350 sq ft)

Rainwater harvesting systems not meeting criteriaRainwater harvesting systems not meeting criteria

Page 8: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

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DRAFT ORDINANCE 8/4/09DRAFT ORDINANCE 8/4/09

In the June and July work sessions, no specific In the June and July work sessions, no specific action was taken on small structure mitigation, so action was taken on small structure mitigation, so consequently in the draft ordinance, the small consequently in the draft ordinance, the small structure provisions were not removed and as the structure provisions were not removed and as the ordinance is currently drafted, the revised list of ordinance is currently drafted, the revised list of “impervious” small structures can still be “impervious” small structures can still be constructed using the simple residential pollution constructed using the simple residential pollution mitigation measures. mitigation measures.

Page 9: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

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OPTIONSOPTIONS

As drafted, the ordinance retains the small structures As drafted, the ordinance retains the small structures with simple residential pollution mitigation measures for with simple residential pollution mitigation measures for

the structures determined to be imperviousthe structures determined to be impervious

OROR

The other option would be to treat the impervious small The other option would be to treat the impervious small structures the same as any other improvements (house, structures the same as any other improvements (house, room addition, etc) and require full mitigation/variance room addition, etc) and require full mitigation/variance

as applicableas applicable

Page 10: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

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Implications of removing small Implications of removing small structure mitigation provisionsstructure mitigation provisions

Lots in Transition Zone or with Deed Lots in Transition Zone or with Deed Restrictions would not be able to construct Restrictions would not be able to construct ANY ANY small structures without the same level small structures without the same level of expensive mitigation required for more of expensive mitigation required for more significant construction. Cost of mitigation significant construction. Cost of mitigation could be more than cost of improvements.could be more than cost of improvements.

Page 11: Impervious Cover 8/18/09 Small Structures Category Category was established in May 2008 to provide some relief from impervious cover restrictions for small

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Other implication of amendments Other implication of amendments approved in May 2009 approved in May 2009

Prior to May 2009 amendments, lots in the Prior to May 2009 amendments, lots in the Villas could add small structures; now, no lots Villas could add small structures; now, no lots in the Villas can add any of the small structures in the Villas can add any of the small structures determined to be impervious without a variancedetermined to be impervious without a variance

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Other questions and areas of Other questions and areas of clarification neededclarification needed

75 foot set back from the Critical Zone was 75 foot set back from the Critical Zone was deleted in the May 2009 ordinance through deleted in the May 2009 ordinance through the amendment process; Council discussed the amendment process; Council discussed this on several occasions, but staff believes this on several occasions, but staff believes that the intent was to RETAIN this (4.103 (f))that the intent was to RETAIN this (4.103 (f))

Council Variance required for small structures Council Variance required for small structures over 14% in the Transition Zone (may need over 14% in the Transition Zone (may need clarification) (4.103 (f)(1)(H)clarification) (4.103 (f)(1)(H)