04/10/2013 P&Z Packet - Laserfiche WebLink

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Mr. Jason Wedel March 29, 2013 Page 2 Stormwater Management Comments 1. The proposed stormwater treatment facilities do not meet the design requirements of Chapter 1011.09 of the City Code. The applicant has designed the stormwater treatment facilities to meet the requirements of draft rules proposed by Rice Creek Watershed District. These draft rules are less stringent than what is required in the City Code, and therefore, the proposed pond is not large enough to meet City Code requirements. It is important to recognize that the existing City Code was developed, in part, to mirror the Watershed District's rules. In addition, the City Code will likely need to be revised after the District's new rules have been adopted. With this Code revision, it is anticipated that the City Code may continue to mirror the policies that are proposed in the Watershed District's draft rules. In order to address this issue, the City may consider the following options: 1. Require the applicant to increase the pond size so that it meets the current City Code. This would require the applicant to redesign the pond and increase the pond size. The easement area needed may also need to be increased, which could result in less developable space on the northern portion of the site. 2. Due to the anticipated regulatory changes, approval could be granted contingent on the following: a) Rice Creek Watershed District must adopt new rules that support the applicant's proposed design and must issue a permit to the applicant for the proposed plans. b) The City must intend to revise City Code to mirror the rules adopted by the Watershed District. c) A variance or other exception may be required as recommended by the City Attorney. This option would allow the applicant to proceed with the current plan and would recognize the anticipated regulatory changes. However, the approval is dependent on the actions of Rice Creek Watershed District to adopt new rules that support the applicant's design. In addition, the City may need to determine the extent that the proposed rules of the Watershed District are acceptable and determine intended revisions to the City Code. S:\Planning & Zoning Board\Packets\Packets - 2013\April 10. 2013 \7A -Main Street Shoppes \Cit.) Engineer Letter - Storrs Water -032913.doca