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

Impervious Cover 8/18/09 Small Structures Category Small Structures Category As established in May 2008, provided for eight categories of small structures that were: Excluded from impervious cover calculations Allowed in all water quality zones Required simple residential pollution mitigation measures

Impervious Cover 8/18/09 Small Structures Category Small Structures Category May 2009 Amendments Small structures count toward total impervious cover calculations Council Variance required for small structures over 14% in the Transition Zone (may need clarification) Council Variance required for all small structures in the Critical Zone

Impervious Cover 8/18/09 Small Structures Category Under May 2009 amendments, small structure residential mitigation measures are: Only applicable in Transition Zone Lots throughout the City and Deed Restricted Lots in the Meadows (Transition and Uplands) No longer allowed in the Critical Zone No longer applicable in the Uplands No longer applicable to lots in the Villas

Impervious Cover 8/18/09 Additional May 2009 Amendments May 2009 Impervious Cover changes also included: May 2009 Impervious Cover changes also included: Total residential lot Impervious Cover established as 18% of total lot area. Provisions added to allow limited development in the Transition Water Quality Zone by Council granted modified administrative approval (Espey Mitigation) Provisions to amend existing deed restrictions in the Meadows regarding impervious cover limits. Access to staff and administrative approvals (Espey Mitigation) for Transition and Deed Restricted lots No Administrative approvals in the critical zone

Impervious Cover 8/18/09 June/July 2009 Council Worksessions Direction to consider some small structures as pervious (that meet specific standards): Pool surface area Rainwater harvesting systems Uncovered slatted decks gravel/ paver patios and walkways

Impervious Cover 8/18/09 June/July 2009 Council Worksessions Direction to consider other small structures as impervious: Sidewalks and walkways constructed of impervious materials Coping of Swimming Pools Covered decks and gazebos Solar or wind power structures (footprint) Small accessory structures (max 350 sq ft) Rainwater harvesting systems not meeting criteria

Impervious Cover 8/18/09 DRAFT ORDINANCE 8/4/09 In the June and July work sessions, no specific action was taken on small structure mitigation, so consequently in the draft ordinance, the small structure provisions were not removed and as the ordinance is currently drafted, the revised list of “impervious” small structures can still be constructed using the simple residential pollution mitigation measures.

Impervious Cover 8/18/09 OPTIONS As drafted, the ordinance retains the small structures with simple residential pollution mitigation measures for the structures determined to be impervious OR The other option would be to treat the impervious small structures the same as any other improvements (house, room addition, etc) and require full mitigation/variance as applicable

Impervious Cover 8/18/09 Implications of removing small structure mitigation provisions Lots in Transition Zone or with Deed Restrictions would not be able to construct ANY small structures without the same level of expensive mitigation required for more significant construction. Cost of mitigation could be more than cost of improvements.

Impervious Cover 8/18/09 Other implication of amendments approved in May 2009 Prior to May 2009 amendments, lots in the Villas could add small structures; now, no lots in the Villas can add any of the small structures determined to be impervious without a variance

Impervious Cover 8/18/09 Other questions and areas of clarification needed 75 foot set back from the Critical Zone was deleted in the May 2009 ordinance through the amendment process; Council discussed this on several occasions, but staff believes that the intent was to RETAIN this (4.103 (f)) Council Variance required for small structures over 14% in the Transition Zone (may need clarification) (4.103 (f)(1)(H)