§ 25-8-27. REDEVELOPMENT EXCEPTION IN THE WATER SUPPLY RURAL AND WATER SUPPLY SUBURBAN WATERSHEDS.

(A)

This section applies to property located in a water supply rural or water supply suburban watershed that has existing commercial development or existing residential development with greater than two dwelling units per lot if:

(1)

no unpermitted development occurred on the site after January 1, 1992, and

(2)

the property owner files a site plan application and an election for the property to be governed by this section.

(B)

In this section, SEDIMENTATION/ FILTRATION POND means water quality controls that comply with Section 25-8-213 ( Water Quality Control Standards ) or are approved under Section 25-8-151 ( Innovative Management Practices ).

(C)

The requirements of this subchapter do not apply to the subdivision of property if at the time of redevelopment under this section subdivision and site plan applications are filed concurrently.

(D)

The requirements of this subchapter do not apply to the redevelopment of property if the redevelopment meets all of the following conditions:

(1)

The redevelopment may not increase the existing amount of impervious cover on the site.

(2)

The redevelopment may not increase non-compliance, if any, with Article 7, Division 1 ( Critical Water Quality Zone Restrictions ), Section 25-8-281 ( Critical Environmental Features ), Section 25-8-282 ( Wetland Protection ), Section 25-8-422 ( Water Quality Transition Zone ), or Section 25-8-452 ( Water Quality Transition Zone ).

(3)

The redevelopment must comply with Section 25-8-121 ( Environmental Resource Inventory Requirement ) and all construction phase environmental requirements in effect at the time of construction, including Chapter 25-8, Article 5 ( Erosion and Sedimentation Control; Overland Flow ).

(4)

The water quality controls for the redeveloped areas or an equivalent area on the site must provide a level of water quality treatment that is equal to or greater than that which was previously provided. At a minimum, the site must provide sedimentation/filtration ponds for the redeveloped area or an equivalent area on the site.

(5)

The property owner must mitigate the effects of the redevelopment, if required by and in accordance with Subsection (G).

(6)

Redevelopment may not be located within the Erosion Hazard Zone, unless protective works are provided as prescribed in the Drainage Criteria Manual.

(E)

City Council approval of a redevelopment in accordance with Subsection (F) is required if the redevelopment:

(1)

includes more than 25 additional dwelling units;

(2)

is located outside the City's zoning jurisdiction;

(3)

is proposed on property with an existing industrial use;

(4)

is inconsistent with a neighborhood plan; or

(5)

will generate more than 2,000 vehicle trips a day above the estimated traffic level based on the most recent authorized use on the property.

(F)

City Council shall consider the following factors in determining whether to approve a proposed redevelopment:

(1)

benefits of the redevelopment to the community;

(2)

whether the proposed mitigation or manner of development offsets the potential environmental impact of the redevelopment;

(3)

the effects of off-site infrastructure requirements of the redevelopment; and

(4)

compatibility with the City's comprehensive plan.

(G)

Redevelopment of property under this section requires the purchase or restriction of mitigation land.

(1)

The combined impervious cover of the mitigation land and the portion of the redevelopment treated by sedimentation/filtration ponds may not exceed 20 percent of gross site area if in a water supply rural watershed or 40 percent of gross site area if in a water supply suburban watershed.

(2)

The mitigation requirement may be satisfied by:

(a)

paying into the Water Supply Mitigation Fund a nonrefundable amount established by ordinance;

(b)

transferring to the City in accordance with Paragraph (3) mitigation land approved by the director of the Watershed Protection Department within a water supply rural or water supply suburban watershed, either inside or outside the City's jurisdiction;

(c)

placing restrictions in accordance with Paragraph (3) on mitigation land approved by the director of the Watershed Protection Department within a water supply rural or water supply suburban watershed, either inside or outside the City's jurisdiction; or

(d)

a combination of the mitigation methods described in Subparagraphs (a)—(c), if approved by the director of the Watershed Protection Department.

(3)

A person redeveloping under this section shall pay all costs of restricting the mitigation land or transferring the mitigation land to the City, including the costs of:

(a)

an environmental site assessment without any recommendations for further clean-up, certified to the City not earlier than the 120th day before the closing date transferring land to the City;

(b)

a category 1(a) land title survey, certified to the City and the title company not earlier than the 120th day before the closing date transferring land to the City;

(c)

a title commitment with copies of all Schedule B and C documents, and an owner's title policy;

(d)

a fee simple deed, or, for a restriction, a restrictive covenant approved as to form by the City Attorney;

(e)

taxes prorated to the closing date;

(f)

recording fees; and

(g)

charges or fees collected by the title company.

(H)

The Watershed Protection Department shall adopt rules to identify criteria for director approval under this section to ensure that the proposed mitigation, manner of development, and water quality controls offset the potential environmental impact of the redevelopment.

Source: Ord. 20131017-046; Ord. No. 20170615-102 , Pt. 9, 6-15-17.