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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/06/2020 - RESOLUTION 2020-092 DEFERRING PAYMENT OF THE STORM Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY October 6, 2020 City Council STAFF Shane Boyle, Civil Engineer III Ken Sampley, Director, Stormwater Eng/Devt Review Eric Potyondy, Legal SUBJECT Resolution 2020-092 Deferring Payment of the Stormwater Plant Investment Fee for the Poudre R-1 School District’s School Site Located on East Prospect Road. EXECUTIVE SUMMARY The purpose of this item is to seek Council’s approval on the deferral of Stormwater Plant Investment Fees for the current development of the Poudre School District Prospect Site pending de-annexation from the City of Fort Collins and annexation into the Town of Timnath. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Fort Collins Utilities requires a Stormwater Plant Investment Fee (PIF) for all development creating impervious surfaces within the Fort Collins City limits. Poudre School District (PSD) is in the process of developing a new school site at the northwest corner of County Road 5 and Prospect Road, which is currently within Fort Collins’ City limits. The new school site is part of an Intergovernmental Agreement (IGA) between the City of Fort Collins and Town of Timnath allowing the site to be disconnected (“de-annexed”) from Fort Collins and annexed into Timnath. (Attachment 1) City Code Section 26-511(c) states that the Stormwater PIF must be paid prior to the issuance of a full building permit. However, this section of City Code also provides that Council may defer all or any portion of the Stormwater PIF by resolution. The proposed Resolution is to defer the Stormwater PIF for this PSD development until December 31, 2021. In the event this parcel is de-annexed before then, no Stormwater PIF would be due. In the event this parcel is still within the City of Fort Collins’ boundary at that time, the Stormwater PIF would be due. CITY FINANCIAL IMPACTS There are no City financial impacts as this site will be located in the Town of Timnath and will not be served by Fort Collins. BOARD / COMMISSION RECOMMENDATION The proposed Resolution was presented to Water Board on August 20, 2020. Water Board voted unanimously to recommend that Council adopt the proposed Resolution. (Attachment 2) Agenda Item 16 Item # 16 Page 2 ATTACHMENTS 1. Property Description and Map (PDF) 2. Water Board Minutes - Excerpt August 20, 2020 (PDF) 3. Powerpoint Presentation (PDF) -1- EXHIBIT A PROPERTY DESCRIPTION Poudre R-1 Parcel A parcel of land being part of the South Half (S1/2) of Section Fifteen (15), Township Seven North (T.7N.), Range Sixty-eight (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner of said Section 15 and assuming the South line of the Southeast Quarter (SE1/4) of said Section 15 as bearing North 89°56'23" West, as determined by a GPS observation, a distance of 2638.04 feet with all other bearings contained herein relative thereto: THENCE North 89°56'23" West a distance of 2638.04 feet to the South Quarter Corner of said Section 15; THENCE North 89°56'38" West along the South line of the Southwest Quarter (SW1/4) of said Section 15 a distance of 635.26 feet; THENCE North 00°03'22" East a distance of 468.93 feet to the Southerly line of that strip of land as described in that Warranty Deed as recorded November 30, 1972 in Book 1531 on Page 759 of the records of the Larimer County Clerk and Recorder (LCCR); Thence along said Southerly line by the following Two (2) courses and distances: THENCE South 54°55'30" East (Rec. S. 55°01' E.) a distance of 764.90 feet; THENCE South 89°53'30" East (Rec. S. 89°59' E.) a distance of 8.89 feet to the East line of said SW1/4; THENCE North 00°09'39" East along said East line a distance of 54.76 feet to the Northerly line of the aforesaid parcel of land; THENCE North 54°55'30" West (Rec. S. 55°01' E.) along said Northerly line a distance of 775.87 feet; THENCE North 00°03'22" East a distance of 804.25 feet to the North line of the South Half of the Southwest Quarter (S1/2 SW1/4) of said Section 15; THENCE South 89°47'03" East along said North line a distance of 637.70 feet to the Northeast Corner of said S1/2 SW1/4; THENCE South 89°48'01" East along the North line of the South Half of the Southeast Quarter (S1/2 SE1/4) a distance of 2639.15 feet to the Northeast Corner of said S1/2 SE1/4; THENCE South 00°12'32" West along the East line of said S1/2 SE1/4 a distance of 1326.04 feet to the POINT OF BEGINNING. ATTACHMENT 1 -2- Excerpt from Unapproved DRAFT MINUTES - WATER BOARD REGULAR MEETING August 20, 2020, 5:30 p.m. Online via Zoom 08/20/2020 – Excerpt from Unapproved DRAFT MINUTES Page 1 Regular Items (Attachments available upon request) Poudre School District (PSD) Prospect Site Stormwater Plant Investment Fee (PIF) Deferral Request Dan Mogen, Development Review Engineer/Water Utilities Engineering, summarized the project and staff request. He and Shane Boyle, Development Review Manager/Water Utilities Engineering, answered questions. Poudre School District is in the process of planning/building a new school at the northwest corner of County Road 5 and Prospect Road. This site is currently in Fort Collins, but it is anticipated the site will deannex from Fort Collins and annex into Timnath. PSD is pursuing a deferral/waiver of Stormwater Plant Investment Fee. The deferral sunsets in December 2021. Staff requests the Water Board recommend Council adopt the proposed resolution “DEFERRING PAYMENT OF THE STORMWATER PLANT INVESTMENT FEE FOR THE POUDRE R-1 SCHOOL DISTRICT’S SCHOOL SITE LOCATED ON EAST PROSPECT ROAD” Discussion Highlights Board members commented on and inquired about various related topics including whether development review fees are still being collected for the project (yes); reason for PSD’s plans (regional school to be build first, then PSD will complete deannexation process); the existing Intergovernmental Agreement (IGA) approves deannexation plans; this staff request is merely procedural. Board Member Greg Steed moved that the Water Board recommend City Council adopt the proposed resolution on first reading. Board Member Randy Kenyon seconded the motion. Vote on the Motion: it passed unanimously, 10-0 ATTACHMENT 2 October 6, 2020 Poudre School District –Prospect Site SW PIF Deferral Shane Boyle ATTACHMENT 3 PSD Prospect School Site Map 2 Staff Recommendation Staff recommends City Council adopt the proposed resolution on first reading. 3 -1- RESOLUTION 2020-092 OF THE COUNCIL OF THE CITY OF FORT COLLINS DEFERRING PAYMENT OF THE STORMWATER PLANT INVESTMENT FEE FOR THE POUDRE R-1 SCHOOL DISTRICT’S SCHOOL SITE LOCATED ON EAST PROSPECT ROAD WHEREAS, the City owns and operates Fort Collins Utilities, which includes a Stormwater Utility; and WHEREAS, there is a stormwater plant investment fee (“PIF”) established by City Code Section 26-512 that is imposed on each and every lot or parcel of land within Fort Collins with respect to which any improvement creates an impervious surface covering more than three hundred fifty (350) square feet of the lot or parcel, and the owners thereof; and WHEREAS, pursuant to City Code Section 26-511(c), the PIF may be paid at any time after the approval of the plat of a subdivision or, in the case of unplatted property, upon the issuance of a building permit and not before; provided, however, that such fee shall be paid prior to the issuance of a full building permit, or if no building permit is required, upon commencement of construction except to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution; and WHEREAS, the Poudre School District R-1, a Colorado statutory school district (“School District”) owns a parcel of land along the north side of East Prospect Road in the S½ of Section 15, T7N, R68W of the 6th P.M., the approximate location of which is depicted on Exhibit “A” attached hereto and incorporated herein by reference (“Subject Parcel”); and WHEREAS, the Subject Parcel was annexed into Fort Collins through Ordinance No. 131, 1990 (adopted on second reading on January 15, 1991) and is thus subject to the PIF; and WHEREAS, pursuant to the Seventh Amendment to Intergovernmental Agreement (Regarding Cooperation on Annexation, Growth Management and Related Issues) between the City and the Town of Timnath (which City Council approved in Ordinance No. 113, 2014), the City and the Town of Timnath have agreed that the Subject Parcel be disconnected (commonly known as, “de-annexed”) from Fort Collins and annexed into Timnath, subject to the completion of the various requirements for those processes; and WHEREAS, if the disconnection is completed, the Subject Parcel would not be in Fort Collins and would not be subject to the PIF; and WHEREAS, in the unique facts of this situation, City Council determines that it is appropriate to defer the payment of the PIFs for the Subject Parcel as set forth in this Resolution to provide the opportunity for the School District to complete disconnection of Subject Parcel. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the stormwater plant investment fees for the Subject Parcel are hereby deferred until December 31, 2021, provided that no such fees shall be due on that date if the Subject Parcel has been disconnected from the City of Fort Collins and annexed into Timnath on or before that date. Section 3. If the Subject Parcel is not disconnected from the City of Fort Collins and annexed into Timnath on or before December 31, 2021, the City reserves all rights regarding this matter and will take any and all appropriate action including: enforcing any relevant agreements in law and equity; and recovering the stormwater plant investment fees for the Subject Parcel pursuant to City Code and other relevant authority. Passed and adopted on at a regular meeting of the Council of the City of Fort Collins this 6th day of October, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- EXHIBIT A PROPERTY DESCRIPTION Poudre R-1 Parcel A parcel of land being part of the South Half (S1/2) of Section Fifteen (15), Township Seven North (T.7N.), Range Sixty-eight (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner of said Section 15 and assuming the South line of the Southeast Quarter (SE1/4) of said Section 15 as bearing North 89°56'23" West, as determined by a GPS observation, a distance of 2638.04 feet with all other bearings contained herein relative thereto: THENCE North 89°56'23" West a distance of 2638.04 feet to the South Quarter Corner of said Section 15; THENCE North 89°56'38" West along the South line of the Southwest Quarter (SW1/4) of said Section 15 a distance of 635.26 feet; THENCE North 00°03'22" East a distance of 468.93 feet to the Southerly line of that strip of land as described in that Warranty Deed as recorded November 30, 1972 in Book 1531 on Page 759 of the records of the Larimer County Clerk and Recorder (LCCR); Thence along said Southerly line by the following Two (2) courses and distances: THENCE South 54°55'30" East (Rec. S. 55°01' E.) a distance of 764.90 feet; THENCE South 89°53'30" East (Rec. S. 89°59' E.) a distance of 8.89 feet to the East line of said SW1/4; THENCE North 00°09'39" East along said East line a distance of 54.76 feet to the Northerly line of the aforesaid parcel of land; THENCE North 54°55'30" West (Rec. S. 55°01' E.) along said Northerly line a distance of 775.87 feet; THENCE North 00°03'22" East a distance of 804.25 feet to the North line of the South Half of the Southwest Quarter (S1/2 SW1/4) of said Section 15; THENCE South 89°47'03" East along said North line a distance of 637.70 feet to the Northeast Corner of said S1/2 SW1/4; THENCE South 89°48'01" East along the North line of the South Half of the Southeast Quarter (S1/2 SE1/4) a distance of 2639.15 feet to the Northeast Corner of said S1/2 SE1/4; THENCE South 00°12'32" West along the East line of said S1/2 SE1/4 a distance of 1326.04 feet to the POINT OF BEGINNING. ATTACHMENT 1 -2-