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HomeMy WebLinkAbout09/16/2021 - Planning and Zoning Commission - SUPPLEMENTAL DOCUMENTS - Regular Meeting 1 Utilities electric · stormwater · wastewater · water PO Box 580 Fort Collins, CO 80522 970.212.2900 V/TDD: 711 utilities@fcgov.com fcgov.com/utilities MEMORANDUM TO: Planning & Zoning Commission FROM: Donnie Dustin, P.E., Water Resources Manager DATE: September 10, 2021 SUBJECT: Proposed Changes to the Utilities Water Supply Requirements Cash-in-Lieu Fee The purpose of this memo is to inform the Planning & Zoning Commission of proposed changes to a key Utilities water development fee. No action is required, but input could be provided to Utilities staff (ddustin@fcgov.com). If desired after review of this memo, this issue could be presented at a future Planning & Zoning Commission meeting. EXECUTIVE SUMMARY: The Water Supply Requirements (“WSR”) and its associated Cash-in-Lieu (“CIL”) Fee generate the revenue used to ensure that adequate water supplies and associated infrastructure are available to reliably serve the water needs of development within the City of Fort Collins Utilities (“Utilities”) water service area. Starting in 2017, the CIL is being reviewed at least every 2 years. Staff is proposing significant changes to the WSR volume calculations to improve the precision of how we estimate the water demand of development, which were presented at the May 11 City Council work session and will be considered for adoption on September 21. In addition, there have been significant cost increases to the Halligan Water Supply Project and other water rights required for providing reliable water supplies as growth continues. Unlike most other fees, the CIL fee increase is a function of unprecedented inflation in costs. Staff proposes the CIL fee be increased approximately 60% to $68,200 per acre-foot of use at the tap to reflect these changes, which will be presented to City Council for action in November and become effective on January 1, 2022. BACKGROUND: Developing water supplies in Northern Colorado is complex, dynamic, and full of uncertainty. Climate change, increased competition, permitting issues, and changing growth make developing these supplies and assessing the cost to do so quite complex. The Utilities’ Water Supply and Demand Management Policy provides guidance for addressing these uncertainties through multiple means like developing additional supplies (e.g., Halligan Water Supply Project, etc.), continued water conservation efforts, and adjusting the WSR and associated CIL fee as needed to reflect changes in costs. The purpose of this agenda item is to describe the proposed changes to the CIL fee. 2 Water Service Providers in Fort Collins: Utilities water service area covers the central portion of Fort Collins. Utilities supplies water to approximately 75% of residents and businesses within the Fort Collins city limits. Water service in the surrounding areas is provided by other water providers, mainly the East Larimer County (ECLO) and Fort Collins-Loveland (FCLWD) water districts (see Attachment 1). Each water service provider has their own drivers (source of supply, development patterns) that determine their WSR calculations and CIL fee. The proposed CIL fee changes only apply to the Utilities water service area. Water Development Fees: There are three water-related development fees assessed on development in the Utilities water service area. The first is the WSR and associated CIL fee which assesses the cost to provide reliable water resources for the new water demand. The second is the water plant investment fee (“PIF”) which assesses the cost of the treatment and distribution infrastructure required to process and transport the treated water. Lastly is the tap fee, which assesses the cost of the meter and connection to the new development. The focus of this agenda item is on the WSR and CIL fee. Key Terms and Definitions: The following are definitions of the WSR and CIL fee. A complete list of terms and definitions can be found in Attachment 2. Developers, including greenfield development and redevelopment, must meet a Water Supply Requirement: • Water Supply Requirements (“WSR”): A requirement for water service from Utilities. A WSR accounts for the additional water demand, defined in gallons or acre-feet of water, brought into the Utilities water service area by a new development or redevelopment. The developer satisfies a WSR by dedicating water rights or paying cash- in-lieu of water rights to Utilities. This provides the revenue to develop reliable water resources for the development, including water rights and associated infrastructure. WSRs are in line with the City’s approach that development pays for itself. • Cash-in-lieu (“CIL”) Fee: A developer can meet a WSR by paying cash, instead of providing water rights. The CIL fee is based on the cost to meet future water needs and includes the expected cost to acquire water rights and associated infrastructure. The current cost is $42,518 per 325,851 gallons (1 acre-foot) of use at the tap and the CIL fee is updated at least every two years. Goals, Outcomes and Drivers: The WSR and CIL fee help Utilities follow the City’s strategic plan object ENV 4.4: Provide a reliable, high-quality water supply, as well as guidance from the City’s Water Supply and Demand Management Policy, by assuring cash is collected to pay for additional infrastructure or water rights needed to increase the reliable yield of the Utilities’ water supply system. Utilities is responsible for ensuring our customers have enough water today and into the future, while upholding the City approach that development and redevelopment pay their own way. As the costs of acquiring and developing water resources have increased, the cost to secure water for the 3 additional demand have increased too. Since 2018, there has been a significant increase in the costs to develop water supplies. This is not unique to Utilities – all water providers across the Front Range are facing a significant increase in costs. Most water providers are shifting to plan for populations much larger than previously expected, and at the same time, climate change is dramatically increasing the variability in water availability from year to year. Responsible water management is essential to meet the needs of Fort Collins today, and to maintain our quality of life into the future. Water Supply Requirements (“WSR”): Although not part of this agenda item, Staff is proposing significant changes to the WSR calculations to reflect water demands more granularly across varied types of development and to encourage efficient water use in new development. The key WSR changes include: • Commercial WSR being based on business type and size versus just tap size o Better reflects actual use (higher use pays more; lower use pays less) • Separating indoor and outdoor water needs o Incentivizes low water use landscapes • Elimination of the Water Supply Factor from the WSR calculations o Recognizes that elements of the factor are represented in updated yield modeling o Reduces confusion for customers who increase their water allotment The proposed WSR changes mentioned above were described in detail for the May 11, 2021 City Council Work Session (see link below for materials) and will be presented for action at the September 21, 2021 City Council regular meeting. https://citydocs.fcgov.com/?cmd=convert&vid=72&docid=3524135&dt=AGENDA+ITEM&doc _download_date=MAY-11-2021&ITEM_NUMBER=03 Cash-in-Lieu (“CIL”) Fee: Once the amount of water needed for a development is determined via the WSR calculations, the total cost can be calculated via the CIL fee (if the developer does not provide “wet” water rights, which most do not). In 2017, City Council adopted significant changes to the CIL fee methodology that became effective in 2018. Prior to that, the CIL fee had not been updated since 2001. With guidance from BBC Research & Consulting (specializing in utility fees and rates), the methodology adopted was a hybrid between incremental cost and equity buy-in approaches. An incremental cost approach only considers the additional costs needed to increase its water supply system capacity to serve new development. An equity buy-in approach places an overall value on both the existing and future water supply system to determine the CIL fee. A hybrid combination of both these methods was used since adding capacity to the water supply system depends on the addition of storage (incremental costs) and use of the existing portfolio of water supplies (buy-in portion) to make the additional capacity. Each utility determines its approach based on its own unique factors. For example, East Larimer County Water District’s (ELCO) has more of an incremental approach, Fort Collins-Loveland Water District (FCLWD) has a hybrid approach, and the City of Greeley has a full equity buy-in approach. 4 The current CIL fee method calculates the cost to increase reliable yield as the sum of: 1. Cost of future infrastructure (e.g., Halligan Water Supply Project, etc.) 2. Cost of future water rights (e.g., local ditch shares) 3. Buy-in to existing water supplies Using this methodology, the CIL fee was increased by 166% in 2017 (effective in 2018) after having not been updated since 2001. Staff committed to reviewing and updating the CIL at least every two years. A 24% increase was adopted in 2019 (effective in 2020). A standard inflationary 3% increase was adopted (with other Utility fees) in 2020 (effective in 2021). Over the last few years, there have been significant increases to the expected costs of the Halligan Water Supply Project (“Halligan”) and the cost of local water rights. Halligan costs have increased due to permitting length and complexity, rising construction costs, mitigation needs and access issues. Also, the cost of water rights has increased as much as 22 percent per year due to competition for these dwindling resources and booming development across the Front Range. The following presents the three components that go into the CIL fee methodology. 1. Cost of future infrastructure ($201.8M): Adding storage to the Utilities water supply system (via the Halligan project) will help meet a majority of the projected future needs by storing existing and future water rights at times of surplus (e.g., wet years) for use in drought years when other water supplies are diminished. The Halligan cost used in the 2019 CIL fee update was $74.1M. A Halligan cost update completed in late 2019 (after outreach on the updated CIL fee) projected a range of costs between $100M and $150M. A 30 percent design analysis of Halligan is currently being conducted (due for completion in early 2022). Early indications are that the costs will increase. Therefore, staff recommends using the upper portion of the 2019 cost analysis range ($150M). For comparison, alternatives described in the permitting for the Halligan Water Supply Project are up to 4.5 times more expensive. In addition to Halligan, there are about $5.2M of additional long-term infrastructure needs. Applying a standard 30% engineering contingency to these needs, the total estimated future infrastructure costs are $201.8M. 2. Cost of future water rights ($53.4M): Although the Halligan project is expected to address most of the Utilities water supply needs, additional water rights are required to meet projected future demands. Utilities currently plans to acquire about 150-200 additional shares in the North Poudre Irrigation Company (“NPIC”) and about 300 acre-feet of shares in other local ditch companies (referred to as the Southside Ditches or “SSD”). Costs for these shares have increased between 11-22% per year in recent years, roughly doubling their projected costs over the past five years. For example, North Poudre Irrigation Company shares have gone from $88,000 to $200,000 per share from 2017 to the present. Applying these market increases and a 30% contingency results in a total estimated future water right costs of $53.4M. 3. Buy-in to Existing Water Supplies ($264.7M): New development will be buying into and benefitting from the existing water supply portfolio that includes valuable and reliable senior direct Poudre flow rights, Colorado-Big Thompson 5 Project units and other Horsetooth Reservoir sources. Utilities’ plan for generating new water supplies requires two main components: infrastructure and wet water. Building a new or larger “bucket” isn’t valuable without water to store in that bucket. In some years our water rights yield more water than we use and therefore without storage we underutilize our portfolio. The majority of the ‘wet water’ used to generate additional supply to meet future demands will come from using the existing customers’ water supply portfolio in conjunction with the additional storage. We currently model and estimate the amount to be about 2,645 acre-feet. BBC Research & Consulting estimated that the Utilities’ water supply portfolio is worth about $3.17B, or about $100,100 per acre-foot of reliable yield. Applying this amount to the to 2,645 acre-feet of water used from existing customers water supply portfolio, the value of use of the existing portfolio is estimated to be $264.7M. Factor of Safety (20%): There are many uncertainties in developing water supplies and assessing future growth within the Utilities service area, including potential impacts of climate change, uncertainty in the ultimate costs of developing water supplies, the amount and type of development, etc. The current WSR calculations include a 1.92 water supply factor that among other things, included a 20 percent factor of safety that recognized these uncertainties. The 1.92 factor will be removed from the WSR calculations due to updated modeling that more accurately captures other variables included in the factor. This simplifies the calculation and makes it more transparent. Staff recommends the continuation of the 20 percent factor of safety by incorporating it into the CIL fee calculation instead of the WSR volume calculation. The continuation of this factor is justified considering the results of the 2019 Water Supply Vulnerability Study (“Study”) conducted by Utilities, which identified numerous risks and uncertainties that have not yet been incorporated into our water supply planning. For example, the Study indicated a 20-35 percent reduction in water supply reliability from projected temperature increases alone, which suggests this factor could even be higher than 20 % Proposed CIL fee: Combining the components of the CIL fee methodology mentioned above, the following is the calculation for the proposed CIL fee: $201.8M: Cost of future infrastructure $53.4M: Cost of future water rights $264.7M: Buy-in to existing water supplies $519.9M: Total cost to increase reliability 6 This results in about a 60 percent increase to the current cost per acre-foot of use (at the tap) of $42,518. The following table shows a comparison of the values used in the current and proposed CIL fee that briefly explains what is in the separate components and the rationale for the changes. Excess Water Use (“EWU”) Surcharge Rate: Some non-residential taps (only some commercial businesses and irrigation taps), specifically those installed after March 1984, have an allotment (annual volume of water in gallons) that is based upon the WSR that was satisfied at the time of development or redevelopment. Non- residential taps with allotments face the EWU surcharge if their annual water use exceeds their Component Includes Current Proposed Rationale 1. Cost of future infrastructure Halligan estimate + other minor needs $98.9M $201.8M Uses upper cost estimate for Halligan and increases contingency to correctly match the design phase 2. Cost of future water rights NPIC and SSD shares needed in addition to Halligan $28.2M $53.4M Reflect current market prices. NPIC shares have increased about 22% per year in recent years 3. Buy-in to existing portfolio Estimate of portfolio value, and how much future demand will utilize $40.5M $264.7M Corrects approach of basing value on least valuable water rights, and previous CIL fees. Total portfolio conservatively valued at $3.17B. Total $167.6M $519.9M Factor of Safety Considers the uncertainty in water supply planning 1.2 (in WSR calculation) 1.2 (in CIL fee calcuation) New modeling captures much of what used to be in the 1.92 factor in the WSR calculation. Retains the longstanding 20% “factor of safety”. Cost per acre-foot of use ~$42,500*~$68,200 * - The current CIL fee includes a standard inflationary 3% increase that was adopted in 2020 (effective in 2021) without adjustments to the CIL fee components. 7 allotment, which is in addition to the standard water use rates. Customers can satisfy additional WSR to increase their allotments. The EWU surcharge provides revenue to purchase additional water supplies to account for the additional water demand over the allotment and therefore over the WSR satisfied for the property. As the EWU surcharge rate is based on the CIL fee, the EWU surcharge rate will also increase by about 60 percent from a rate of $10.39 to $16.67 per 1,000 gallons over the allotment. Utilities has programs to help customers mitigate the impact of these costs including facility audits, fixture rebates, the Landscape Water Budget program, the Xeriscape Incentive Program, and the Utilities’ Allotment Management Program, which provides eligible customers a temporary waiver from the EWU surcharges if they meet certain qualifications and submit an application detailing a project that demonstrates a long-term water reduction. Customers potentially impacted by the proposed CIL change have already been notified through outreach earlier this year. Development Impacts: The following graphs show a comparison of the current (in green) and proposed (in blue) costs for different types of development, along with a comparison with other regional water providers. Note that the other water provider amounts are only estimates and are based on 2021 rates, not any expected increases for 2022. The first two graphs compare costs for typical single-family homes and typical multifamily developments, respectively. The last two graphs compare costs for use from a ¾-inch tap for a low water use entity (office space) and a high water use commercial entity (restaurant). Under the current system, both ¾-inch tap customers would pay the same amount even though there are large differences in water use. The updated WSR calculations provide more accurate assessment of the different water uses. Although future higher water use development (like restaurants) will see a significant cost increase from the proposed changes, these changes should result in allotments that are correctly sized and avoid those future customers from being charged EWU surcharge fees each year because of an undersized tap. 8 $13,100 $21,100 $18,300 $18,400 $19,200 $29,000 $32,000 $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 Ft. Collins Utilities Current (Jan 2021) Ft. Collins Utilities Proposed (Jan 2022) Loveland (2021) Greeley (2021) Westminster (2021) East Larimer County (2021) Ft. Collins Loveland (2021) Cost, rounded to nearest $100 ($) Water Supply Costs for a Typical Single Family Home in Northern Colorado $215,700 $291,200 $240,823 $266,000 $426,400 $553,600 $873,700 $0 $250,000 $500,000 $750,000 $1,000,000 Ft. Collins Utilities Current (Jan 2021) Ft. Collins Utilities Proposed (Jan 2022) Westminster (2021) Greeley (2021) Loveland (2021) East Larimer County (2021) Ft. Collins Loveland (2021) Cost, rounded to nearest $100 ($) Water Supply Costs for Multi-Family Development in Northern Colorado 9 $38,300 $6,300 $3,600 $6,700 $39,400 $40,000 $40,200 $0 $25,000 $50,000 Ft. Collins Utilities Current (Jan 2021) Ft. Collins Utilities Proposed (Jan 2022) Westminster (2021) Greeley (2021) East Larimer County (2021) Ft. Collins Loveland (2021) Loveland (2021) Cost, rounded to nearest $100 ($) Water Supply Costs for 4,300 sqft Office or 3/4" Commercial Taps in Northern Colorado $38,300 $85,000 $39,400 $40,000 $40,200 $57,968 $59,000 $0 $25,000 $50,000 $75,000 $100,000 Ft. Collins Utilities Current (Jan 2021) Ft. Collins Utilities Proposed (Jan 2022) East Larimer County (2021) Ft. Collins Loveland (2021) Loveland (2021) Westminster (2021) Greeley (2021) Cost, rounded to nearest $100 ($) Water Supply Costs for 2,800 sqft Restaurant or 3/4" Commercial Taps in Northern Colorado 10 Summary: The proposed changes to the CIL fee reflect the unprecedented increasing costs of developing water supplies, while also addressing the uncertainty in doing so. This obtains the goal of generating adequate revenue to pay for developing reliable supplies for new development into the future, while assuring development pays its own way and avoids impacts to current customers. Although the CIL fee increase is significant, the WSR changes will help balance that out by being more reflective of actual water use and other changes will enable more opportunities for future development to lower their water use to minimize costs. NEXT STEPS: Staff has been and will continue conducting outreach to City boards and commissions, as well as other stakeholders through October. Input from these entities will be shared when changes are proposed for adoption by City Council on November 2 and 16, 2021. Staff will continue to review and adjust the CIL fee as part of the City’s 2-year rates and fees adjustment cycle. Although the next update would be in 2023 (effective in 2024), staff may propose a mid-cycle adjustment depending on the outcome of the Halligan Water Supply Project 30 percent design analysis being conducted (due for completion in early 2022). Staff is planning to update the Water Supply and Demand Management Policy (“Policy”) in 2023-2024. This effort will integrate the potential impacts of climate change and other vulnerabilities (per the 2019 Water Supply Vulnerability Study) to determine new planning criteria around our water supply reliability (e.g., frequency of water restrictions, etc.). The Policy update will need to consider future water supply and conservation needs, which will likely result in revisions to the WSR and CIL fee. ATTACHMENTS: 1. Fort Collins Area Water Districts Map (PDF) 2. Definitions and Terms (PDF) !!!!!! !!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!! ! !!!!!!!!!!!!!! ! !!! !!!!!!!!!! !!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!HORSETOOTH MULBERRY SHIELDSLAPORTEUS HIGHWAY 287 STRAUSS CABINLAUREL MOUNTAIN DRAKE PROSPECT WILLOX TAFT HILLVINE COUNTRY C LU B SUNIGA VINE RICHARDS LAKE TURNBERRYTRILBY COUNTY ROAD 38 MULBERRY DOUGLAS ELIZABETH LEMAYMULBERRY COUNTYROAD3 8 E MOUNTAIN VISTA L I N COLN HARMONY GRE G O RYKECHTER C O UNTYROAD54G STATE HIGHWAY 392HARMONY VINE MASONMAINSUNIGA ZIEGLERLINCOLN COUNTY ROAD 3CARPENTERJOHNFKENNEDY COUNTY ROAD 30 HARMONY COUNTY ROAD 5COUNTY LINEINTERSTATE25COUNTY ROAD 5TAFT HILLCOUNTY ROAD 19GIDDINGSCOLLEGETIMBERLINELEMAYLEMAYLEMAYZIEGLERRIV E R SID E OVERLANDTERRYLAKEZ I EGLERSHIELDSCOUNTYROAD5INTERSTATE 25TAFTHILL/ Fort Collins Area Water Districts 0 1 2 3 4 50.5 Miles Water Districts East Larimer County Water District Fort Collins Loveland Water District Fort Collins Utilities (Water) Sunset Water District West Fort Collins Water District GMA !!!!!!City Limits Major Streets Figure Updated: 10/23/2018 All boundaries are approximate ATTACHMENT 1 Information current as of May 2021 Definitions and Terms related to Water Supply Requirements Update •Acre-foot: An acre-foot is equivalent to 325,851 gallons. One acre-foot can supply around three to four single family homes in Fort Collins per year. For comparison, the maximum volume of Horsetooth Reservoir is about 157,000 acre-feet. •Allotment: The volume of water a given tap can use per year before incurring Excess Water Use surcharges. Only non-residential taps installed after 1984 have water allotments. The allotment volume is based on the amount of Water Supply Requirement satisfied at the time of development plus any increases to the allotment paid for after development. A customer may increase their allotment at any time by paying cash or providing additional water rights. •Allotment Management Program: Provides eligible Utilities water customers with a temporary waiver from their Excess Water Use surcharges if they meet certain qualifications and submit an application detailing a project that demonstrates long-term water reductions. •Cash-in-lieu: The cash equivalent of the water supply required to meet the needs of development. The cash-in-lieu fee is based off the cost to meet future water needs and includes the expected cost to acquire water rights and associated infrastructure. The current cost is $42,518 per 325,851 gallons and is updated every two years. •Duplex: Residential buildings of two dwelling units. •Dwelling Unit: One or more rooms and a single kitchen designed for or occupied as a unit by one family for living and cooking purposes, located in a single-family or multifamily dwelling. •ELCO: East Larimer County Water District. Water district that generally serves the northeastern portion of the Fort Collins Growth Management Area. Map found here. •Excess Water Use (EWU) surcharge: A volumetric charge assessed on all water used through the remainder of the calendar year once a non-residential customer has exceeded their annual allotment. The EWU is applied in addition to the regular utility rates. This surcharge is tied to the cash-in-lieu fee for the Water Supply Requirements and is evaluated every two years. Revenue from the EWU surcharge goes toward acquiring, developing and improving Utilities’ water supplies to address the impact of customers exceeding their planned allotment. The current EWU surcharge is $10.39 per 1,000 gallons over the allotment. •FCLWD: Fort Collins-Loveland Water District. Water district that generally serves all areas south of Harmony Road in the Fort Collins Growth Management Area. Map found here. •Multifamily: Residential development with three or more dwelling units •Non-residential: All commercial, industrial, public entity, group housing, nursing homes, fraternities, hotels, motels, commonly owned areas, club houses, and pools, including HOA common spaces and irrigation accounts. •Plant Investment Fees: Water Impact Fee paid by the developer to cover the cost of transmission, treatment, and distribution of water to a new development. •Residential: Single-family, duplex, mobile / manufactured homes, and multi-family dwelling units, including fraternity and sorority multifamily housing. ATTACHMENT 2 Information current as of May 2021 • Water Impact Fees: Fees met by developers to cover the costs of acquiring water supply, the transmission, treatment, and distribution of water, as well as installation of cost of the water meter. • Water Supply Factor (1.92): Factor historically included in Water Supply Requirement calculations to account for annual variation in water right yields, different sources of supplies, losses between water sources and the taps, and annual variations in water demands. • Water Supply Requirements (WSR): Water Supply Requirements (WSRs) are part of the Water Impact Fees met by developers to account for the additional demand created from new development. WSR is a requirement for water service from Utilities. A WSR accounts for the additional water demand, defined in gallons or acre-feet of water, brought into the Utilities water service area by a new development or redevelopment. The developer satisfies a WSR by dedicating water rights or paying cash-in-lieu to Utilities. This provides the revenue to develop reliable water resources for the development, including water rights and associated infrastructure. WSRs are in line with the approach that development pays for itself.