Agenda Packets - 2008/11/08 - Laserfiche WebLink

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November 10, 2008 Item No. 7B Page 2 Notice of the SIP was sent on September 26, 2008 to owners of property adjacent to proposed infiltration features on the 2009-2010 Street and Utility Improvement Project. The notice was provided to 104 properties. The notice included information on the SIP, as well as the right to appeal the proposed infiltration feature, including the deadline for submission of an appeal. Staff also developed the form upon which appeals were to be submitted. However, the appeal form was not included with the notice sent to the property owners. The appeal form was only distributed to individual property owners upon request. Based on a request from the Streets and Utilities Committee at their October meeting, both the appeal form and the notice to the property owners were revised. The revised notice was sent to the property owners on October 22, 2008. As part of the revised notice, the deadline for submitting an appeal was extended to October 31, 2008. Both the original and revised notice included an offer to meet on-site with individual property owners to review the specific infiltration feature proposed adjacent to their property, and to identify the proposed size and location of the feature to help with their understanding. To date, 22 such on-site meetings have been held. Appeals Received and Staff Response As of the deadline, a total of four appeals were received. Staff has reviewed the appeals and has prepared an individual written response to each. The Staff response includes a recommendation to either uphold or deny the appeal. Copies of both the appeal forms and the Staff responses are included with this Staff Report. Site plans of each property in question along with a photograph of the area where the proposed infiltration feature would be located are also included with this Staff Report for additional reference. A list of the appeals received and the Staff recommendation on each is given below: Address_____________Staff Recommendation x 2600 Sherwood Road Denial x 2748 Sherwood Road Denial x 2756 Sherwood Road Denial x 7866 Eastwood Road Denial The Staff recommendation is to deny all appeals that were received. While this may initially seem strict, it must be kept in mind that development of the SIP was driven by need, not desire. The City must incorporate the infiltration features to meet the requirements of the Rice Creek Watershed District (RCWD) so that it can proceed with each Street and Utility Improvement project.