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Council debates waiver for old-library redevelopment after developer forecasts 6.2% runoff increase
Summary
Developers seeking a waiver from Marion's stormwater requirements for an old library redevelopment estimate a 6.2% increase in peak runoff; staff recommended denial, citing lack of adjacent storm sewer and an estimated $350,000 cost to add underground detention and extension.
Council discussed a developer request relating to redevelopment of the old library site, where staff said there is no nearby storm sewer and required storm improvements would involve either significant street excavation or provision of underground detention. Staff recommended denial of a waiver to the city's stormwater standards because the requirements cannot be waived administratively.
Nick, representing the applicant and Shive Hattery, told council "the increase in runoff will be 6.2%" comparing the proposed condition to the predeveloped (existing library) condition and described the change as marginal (in absolute terms, less than about 0.5 cubic feet per second to either drainage split). Staff and the developer both described engineering constraints: shallow sanitary lines, franchise utilities, and lack of nearby storm sewer that complicate connections.
Council discussed options: full compliance (underground detention and a storm-sewer extension), granting a waiver/deferment to allow the post‑development runoff to follow historical patterns, or delaying the decision until more detailed design is available. Staff estimated a high-level rough order of magnitude of about $350,000 for underground detention and storm-sewer work, with roughly one-third of that cost attributable to the extension effort.
Legal counsel advised that drainage claims are difficult to prove absent a large, demonstrable change in flooding and said the city has immunity in many such cases; staff said a formal deferral or waiver would still require council deliberation and could lead to future requests for similar exceptions. Council did not take a final vote at the work session and asked staff to supply additional information for the Thursday agenda.
