The City Council adopted Ordinance 05-5322 and Ordinance 08-5478 which allow commercial property owners and Residential Manufactured Home (RMH) zoned property owners to petition for reduced arterial fee assessments if the parcel is used solely as an owner-occupied, single family residence. The relief in both of these situations is in the form of capping the parcel square footage at 9,600 square feet and calculating the assessment based on the R-9600 zoning rate instead of commercial or RMH zoning rates. As of August 31, 2016, the Public Works Department received 75 signed petitions involving 75 parcels. There were 74 parcels that met the criteria specified in Ordinances 05-5322 and 08-5478 for a reduction of the Arterial Construction Fee assessment. One parcel with tax code A13766, owned by Brent Badura, did not meet the criteria because the parcel has a business in conjunction with the house. The house is not used solely as a home and Ordinance 08-5478 only allows parcels used solely as a single family residence to petition for a reduction of their Arterial Construction Fee assessment.

City Council may:

• Approve the resolution reducing the Arterial Construction Fee assessments for the seventy-four (74) parcels meeting the criteria of Ordinance 08-5478; or,
• Not approve the resolution if the Council finds that the properties do not meet the criteria.

By reducing the Arterial Construction Fee assessments on the seventy-four (74) parcels, the City will collect $5,145.61 less for FY2017 than if the parcels were assessed according to their zoning instead of their single-family occupancy.

Staff recommends that the City Council conduct a public hearing and approve the proposed resolution reducing the Arterial Construction Fee assessments for the seventy-four (74) parcels meeting the criteria of Ordinance 08-5478.