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HomeMy WebLinkAboutMemo - Read Before Packet - 7/12/2022 - Memorandum From Jenny Axmacher And Rebecca Everette Re: Read Before Memo: July 12, 2022 Work Session Item 3 - Water Adequacy Determination Review Process Community Development & Neighborhood Services Planning & Development Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax MEMORANDUM Date: July 11, 2022 To: Mayor Arndt and Councilmembers Thru: Kelly DiMartino, Interim City Manager Tyler Marr, Interim Deputy City Manager Caryn M. Champine, Director, Planning, Development & Transportation Paul S. Sizemore, Director, Community Development and Neighborhood Services From: Jenny Axmacher, Senior City Planner Rebecca Everette, Planning Manager Re: Read Before Memo: July 12, 2022 Work Session Item #3, Water Adequacy Determination Review Process __________________________________________________________________ The presentation for this topic was updated for readability/clarity. The order of the questions for Council was altered to move the second question first for the discussion. The questions are now ordered: 1. Does Council support different standards for established providers and new providers? 2. Does Council have any feedback on the evaluation approach for new water providers? 3. Does Council have feedback on the decision maker for water adequacy determinations for new providers? Additional minor adjustments were made to the presentation to increase clarity and consistency. Water Adequacy Determination Review 7-12-2022 Jenny Axmacher Senior City Planner 2Purpose of this Item Provide Council with an update on the creation of a water adequacy determination review process. Seeking input on the approach for evaluating new water providers impacts to established water providers identifying the decision maker for water adequacy determinations 1. Does Council support different standards for established providers and new providers? 2. Does Council have any feedback on the evaluation approach for new water providers ? 3. Does Council have feedback on the decision maker for water adequacy determinations for new providers? 3Plan Alignment STRATEGIC PLAN ENV 4.4: Provide a resilient, reliable and high-quality water supply. NLSH 1.6: Transform regulations and revise procedures to increase clarity and predictability to ensure new development advances adopted City plans and policies. CITY PLAN LIV 1.6 Adequate Public Facilities LIV 1.7 Fees and Development Requirements LIV 4.1 New Neighborhoods ENV 6.1 Water Resource Planning OUR CLIMATE FUTURE BIG MOVE 3 Climate Resilient Community 4Prior Council Discussion February 9, 2021 Work Session Proposed Groundwater-Based Potable Water Supply for Montava Development Council feedback: Concerns about creation of a new water provider within the Growth Management Area - could be applied to Montava and other future projects Support for costs of new process and review to be paid by developers Concern about costs of the water supply system being passed along to future homeowners within the development Identified the need to explore alternative strategies for achieving affordable housing and other goals; openness to new options and creative solutions to water challenges 5Introduction Water is a critical resource and its cost and availably impact new development Existing review process Need for a more robust process More complicated development Potential for creation of new water providers 6Requirement This review process is being proposed to further effectuate a Colorado state statute (Section 29-20-301, et seq., C.R.S.), which states: A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. A local government shall make such determination only once during the development permit approval process unless the water demands or supply of the specific project for which the development permit is sought are materially changed. A local government shall have the discretion to determine the stage in the development permit approval process at which such determination is made. Current Process Development occurs within the district boundaries of established water providers Will Serve Letter issued by provider Part of the building permit process 7 8Other Jurisdictions Other Jurisdictions Staff continues to conduct research on other jurisdictions Most comply with the state statute by: Getting a will serve letter from A water entity with a water plan on file with the municipality Many municipalities have not been faced with the challenge of regulating a private water supply system Innovative/novel idea Not much basis to find comparisons 9Other Regulatory Agencies Other Agency Review Other agencies have the authority to review new providers Colorado Dept of Public Health & Environment (CDPHE) Requires public water systems demonstrate adequate capacity to construct, operate and manage the new public waterworks. Water Court There is also likely a role for Water Court to play in the process to adjudicate claims for water under Colorado Law such as if a new water supply (e.g., groundwater) is proposed. Staff will continue to investigate what other entities have jurisdiction review process creation. 10Other Regulatory Agencies CDPHE Water Adequacy Water Court 11Proposed Evaluation Process Water Adequacy Determination Needed Established providers: - Fort Collins Utilities - East Larimer County Water District (ELCO) - Fort Collins Loveland Water District New providers: - Special Districts - Metro Districts - Private Utilities 12Proposed Evaluation Process Established Providers Keep similar process for established providers Will Serve Letter Consider opportunities to Improve letters Streamline process Increase consistency between different providers 13Proposed Evaluation Process New Providers Evaluation criteria for new providers Water Quality Quantity of Water Dependability of Supply and Supplier Supply Resiliency System Redundancy Maintenance and Outages Availability of Supply Financial Sustainability of Supplier Capitalization Would apply to potable and non-potable supplies 14Timing and Approval Authority Timing State statute leaves the determination timing up to the local jurisdiction The determination may be made only once, unless something materially changes Options under consideration: Annexation/ Zoning Overall Development Plan or Planned Unit Development Project Development Plan Final Development Plan Building Permit Certificate of Occupancy 15Approval Authority Option 1: Match to Devt Review Process Use same decision maker as the development plan P&Z Commission, Hearing Officer, or CDNS Director depending on project type Avoids an extra step in the process Option 2: Water Commission Grant authority for recommendations or final decisions Could offer greater technical expertise Option 3: CDNS Director Matches current approach for established providers Offers efficiency and consistency Decision maker could also vary based on type of provider (established vs. new providers) 16Next Steps The major milestones for this project are: Review Established Service Provider Requirements for New Development Establish Provider Sustainability Review and Determination Propose Water Supply Requirements for New Development Create Review Procedure Code Adoption and Implementation Outreach to community members, established water providers, developers, and other interested parties at key milestones Code adoption targeted for Q1 2023 17Questions for Council 1. Does Council support different standards for established providers and new providers? 2. Does Council have any feedback on the evaluation approach for new water providers? 3. Does Council have feedback on the decision maker for water adequacy determinations for new providers? THANK YOU!