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Home My WebLink About076 - 07/02/2019 - APPROVING, AFFIRMING AND RATIFYING FUNDING OF THE NON-CITY SHARE OF THE NECCO PROJECT BY OFFERING TOORDINANCE NO. 076, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING, AFFIRMING AND RATIFYING FUNDING OF THE NON-CITY SHARE OF THE NECCO PROJECT BY OFFERING TO OWNERS AND DEVELOPERS OF PROPERTY WITHIN THE NECCO AREA A PROPORTIONATE BUY-IN TO CONNECT TO THE NECCO PROJECT WHEREAS, on June 1, 2004, City Council adopted Ordinance No. 057, 2004, adopting updated Master Drainage Plans for the City, including the Dry Creek Master Plan,December 2002, which identified stormwater drainage improvement projects within the basin; and WHEREAS, on December 21, 2004, City Council adopted Resolution 2004-151 finding the area in and around North College Avenue described therein (the "North College Area") to be blighted and Resolution 2004-152 approving the North College Avenue Urban Renewal Plan to facilitate elimination and prevention of such blight and promote the redevelopment,conservation; and rehabilitation of the North College Area under-the governance of the Urban Renewal Authority URA"), all in accordance with the Colorado Urban Renewal Law (CRS Section 31-25-1010, et seq.); and WHEREAS, the City designed and constructed the Dry Creek Drainage Improvements consisting of the Douglas Dam fuseplug, Flood Control Basins I and 2, improvements to the Latimer and Weld Canal, a SCADA system at the Latimer and Weld Canal headgate motors, and the East Vine Diversion channel)to reduce and mitigate flooding risks in the drainage basin;and WHEREAS, on June 17, 2008, the Federal Emergency Management Agency (FEMA) adopted a new, reduced 100-year Dry Creek floodplain in conjunction with a Physical Map Revision that identified reduction of flooding risk because of the Dry Creek Drainage Improvements; and WHEREAS, the Dry Creek Master Plan, December 2002 did not identify stormwater improvements for the North College Area, a portion of which came to be referred to as the Northeast College Corridor Outfall ("NECCO")project; and WHEREAS, the North College Drainage Improvement Design Report, February 2006 Ayres Associates), identified master planned regional stormwater improvements serving the North College Area and the NECCO area; and WHEREAS, on March 20, 2607, City Council adopted Resolution 2007-032 adopting the updated North College Corridor Plan as an element of the City's Comprehensive Plan,recognizing resolution of Dry Creek flooding issues in the North College Area by completion of a system of upstream facilities,over multiple years, citing lack of adequate drainage as the primary obstacle to creation of the desired street pattems and development within the Area and including regional detention ponds to eliminate the need for on-site detention in individual (re)development projects and provide a simple and efficient stormwater solution;and 4- WHEREAS, in response to a proposed development in 2009, which was not subsequently completed, Stormwater Utility staff completed engineering plans for construction of the NECCO project as a unified regional stormwater system for an area east of College Avenue to Lemay Avenue and South of Willox Avenue to East Vine Drive, including a regional detention pond west of Redwood Drive, (the "NECCO Area") generally depicted on attached Exhibit "A," which is incorporated by this reference, and an outfall pipe connecting the pond to the East Vine Drive Diversion channel east of Lemay Avenue (collectively,the "NECCO Project") and WHEREAS, on May 4, 2010,. City Council adopted Resolution 2010-023 approving the North College Infrastructure Funding Plan as a framework for coordinating work efforts and decision-making related to a prioritized list of infrastructure projects needed in the North College Area, including the NECCO Project; and WHEREAS, the City Stormwater Utility purchased the real property for the NECCO regional pond in June 2010; and WHEREAS, City Council subsequently approved a loan in the amount of$326,412 from the Stormwater Utility to the URA(Resolution 2011-032)and appropriated the1inds for that loan Ordinance No. 061, 2011) for the URA's contribution to the cost of acquiring the NECCO pond site to facilitate regionalized stormwater control in the NECCO Area,facilitate redevelopment and improve watershed health impacted by uncontrolled runoff from the Area;and WHEREAS, based on an analysis of the existing drainage issues and regional stormwater needs, the existing state of development within the area (developed v. undeveloped), the future development/redevelopment stormwater needs in the NECCO Area and an analysis of the benefit to the properties available for development/redevelopment, Utility Stormwater staff developed a system of allocating the estimated costs of the NECCO Project to be borne by the City (49% of the total estimated cost, referred to as the "City Share") and by the properties available for new development (and redevelopment) within the NECCO Area (51% of the total estimated costs, referred to as the "Non-City Share"); and WHEREAS,the cost of each individual component of the NECCO Project included in the Non-City Share was further allocated among the areas 'benefitting from that component (for example, the Non-City Share of the cost of the regional pond is allocated among property within the NECCO Area based on the benefit received from the regional pond), as shown on the map of the NECCO Area attached as Exhibit"A," to calculate the "Development Proportionate Buy-In", and WHEREAS, the methodology for calculating the Development Proportionate Buy-In for benefitted properties is generally illustrated on Exhibit "B" attached hereto (although dollars shown are estimates in some cases and are not intended to be fixed); and WHEREAS, in the 2013-2014 budget cycle, Council's approved budget included funding of$1.1 M for the NECCO Regional Pond(BFO Offer 202.2 NECCO); and 2- WHEREAS, on November 21,2013,the City entered into a Development Agreement with Breckenridge Group Fort Collins Colorado, LLC for the Aspen Heights project pursuant to which the Developer constructed certain off-site stormwater improvements that are part of the NECCO Project at a total cost$1,021,030 and the City agreed to repay the developer for that portion of the regional improvements in excess of the development's agreed upon portion of costs ($372,569), up to a maximum repayment of$648,461;and WHEREAS; in the 2015-2016 budget cycle, Council'sapproved budget included funding of$.5M - $2.5M in 2015 and $2.5M in 2016 for the NECCO Project (2015-2016 BFO — Offer 71.2 Utilities Capital Project: Stormwater NECCO Improvements (phase 2)); and WHEREAS, in the 2017-2018 budget cycle, Council's approved budget included funding of$3.3M - $1.6M in 2017 and $i.7M in 2018 for the NECCO Project (2017-2018 BFO — Offer 8.21 Capital Project—Utilities: Stormwater Phase 3); and WHEREAS, it is anticipated the remainder of the NECCO Improvements will be funded by a combination of City Capital Improvement Projects and Development Proportionate Buy-In; and WHEREAS, the City and Sasick Properties (doing business as Raw Urth) entered into a Development Agreement dated March 24, 2016, pursuant to which the developer agreed to pay a Development Proportional Buy-In of$26,047 for development of its property within the NECCO Area; and WHEREAS, the City and Crowne at Old Towne North entered into a Development Agreement dated April 4, 2018, pursuant to which the developer constructed a portion of the NECCO Improvements and the City agreed to reimburse the developer in an amount not to exceed 298,339 for'the City's Share of such Improvements, with the unreimbursed cost being the agreed upon Development Proportional Buy-In in exchange for its right to connect its property to the NECCO Project;and WHEREAS, the City and OTN FC, LLC (Old Town North Third) entered into a Development Agreement dated April 11, 2018, pursuant to which the developer agreed to pay its applicable Development Proportionate Buy-In, to be allocated to and paid with building permit fees for each lot in the development in exchange for its right to connect its property to the NECCO Project; and WHEREAS, City stormwater utility staff continues to offer(re)developrnents of property in the NECCO Area the opportunity to pay its Development Proportionate Buy-In in order to connect to the NECCO Project in lieu of providing separate stormwater facilities to meet City development standards; and WHEREAS, the City Stormwater Utility desires to formalize the arrangement to offer re)development in the NECCO Area Development Proportionate Buy-In moving forward and recommends that Council formally approve, affirm and ratify this approach to funding the Non- City Share of the NECCO Project estimated costs of 51%($6,445,155),which portion is available 3- to serve the stormwater needs of private development/redevelopment within the NECCO Area that may otherwise be required to provide private stormwater facilities on site to meet City development standards. NOW, THEREFORE, BE IT'ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves, affirms and ratifies funding the Non-City Share of the NECCO Project by offering to owners and developers of property within the NECCO Area the opportunity to pay its Development Proportionate Buy-In in order to connect to the NECCO Project in lieu of providing separate stormwater facilities to meet City development standards; and Section 3. That the City Council hereby authorizes the City Manager or his designee to enter into development agreements with and as requested by developers-and owners of property within the NECCO Area that include payment of a Development Proportionate Buy-In calculated in accordance with the methodology generally illustrated on Exhibit "B" attached hereto as a condition to connecting to and utilizing the NECCO PROJECT to serve such property, in lieu of providing private stormwater facilities to meet City development standards. Introduced, considered favorably on first reading, and ordered published this 4th day of June, A.D..2019, and to be presented for final passage on the 2ndddday of July,A,A.D. 2019. ayor Pro Tem ATTEST: or*ORT. coo SEAL : City Cl OLORP Passed and adopted on final reading on the 2nd day of July, A.D.2019. ATTEST: a SEAL City CIVrk COLoft 4- EXHIBIT A NIT 0, All AA 41111 V ij, 41 TO lLarimer Weld Canal rk7CWL Hickory CY I Conifer IV e EXHIBIT 4.2 e FUTURE DETENTION AND WATER QUALITY REQUIREMENT: LEGEND PESIfi1TINICONIOFRIIII: REeTO M-W.LOG CONONEROUM6INMIEIRERPROIDEVIREDAVORgWIFY Su n i g a BASIN AREA IACRES PROVIDED IN flEOM%DP(M REQUIRE FUTURE ON STE REQUIRE FUTURE ON N TE E1Nft DEFCNIIONENNTER OFTENIION QUALITY RELEASEWE WAIEROWLIIY %IONDEO t QDYO oM1/¢la INREGIONALPOIA RESTRICT AMOUNT OF MRCiF FUTURE PF AUONFDNM' 10EMISIINOCON]1IONSIF DRRW WATENgWITY RE OEVELOFEO WAIEROUAUTY PROVIIIEDARINSNWIS S , PROIOEO IN REGAIN.FCfD II lpr I I OISCOARGEINIO RESINICI AMOUNT Cf MINJFI IMLPo® REGION0W11gU1 TOF.%ISDNGCONOTIR41F C FUTURE OETENTIONOR RF OLVEIOPED FUTUPFARIER VM1EROUAUTY UIMUTVREOURIO 1 • • ah A i ( Vlne DrIVe M9N 103NOOEIENIIIXIIYi Y F I. f AT_ SCT ENARGINOINIO U111 EOIF EVERfAEENVA?S1FD1A BYRES ASSOCIATES EXHIBIT B NECCO Cost Breakdown Analysis By: sB Date : 1/23/2011 Updated 5-17-2018 to reflect actual costs for backbone and regional pond) Contributing Total Area Contributing Areas NECCOImprovement Cost acres) map color Pipe Network Into Regional Pond 5,721 ,600 237.5 Pink, Orange, Red, Blue (Except Basins 126, 127, 526) Includes all areas that are conveyed to the regional pond via the proposed pipe network. Regional Detention Pond 1 ,310,000 187.0 Includes all areas that are served by the regional pond, including water quality capture volume (See subsets below for pond volume). WQ Volume (acre-ft) 10.44 Pink (Except Basin 102), Orange, Red, Blue Water quality volume subset. Detention Volume (acre-ft) 30.02 Orange, Blue Detention volume subset. Redwood Pond and Outfall 621 ,450 118.2 Green Includes all areas served by the Redwood detention pond and associated outfall. Outfall From Regional Pond to Vine Drive 4,990,000 647.3 All Includes all basins tributary to the project. Total Project Cost = $12,643,050 Pipe Network Into Regional Pond Regional Detention Pond Redwood Pond and Outfall Outfall From Regional Pond to Vine Dr Map Area Basin Allocated Basin WQ+Det WQ+Det Detention Allocated Basin Allocated Basin Allocated Total Cost Color Basin acres) Contribution? Areal % Cost Contribution? Vol (ac-ft) Vol % Areal %Cost Contribution? Areal % Cost Contribution? Areal % Cost Cost per acre PINK GROUP SUMMARY 75.7 Yes 31 .87% 198239685 Yes 1 .65 4.08% 0.00% 53,423 No 0.00% 0 Yes 11 .69% 583,567 294609675 $32,506 ORANGE GROUP SUMMARY 118.6 Yes 49.94% 2,8579186 Yes 18.60 45.98% 63.42% 602,383 No 0.00% 0 Yes 18.32% 914,281 4,3739850 $36,879 BLUE GROUP SUMMARY 68.4 Yes 18.19% 1 ,0409729 Yes 20.21 49.94% 36.58% 654,194 No 0.00% 0 Yes 10.57% 527,292 2,2229215 $32,489 GREEN GROUP SUMMARY 118.2 No 0.00%0 No 0 0.00% 0.00% 0 Yes 100.00% 621 ,450 Yes 18.26% 911 ,197 1 ,5321647 $12,967 YELLOW GROUP SUMMARY 228.6 No 0.00%0 No 0 0.00% 0.00% 0 No 0.00% 0 Yes 35.32%1 ,762,265 $1 ,7621265 7,709 GOLD GROUP SUMMARY 37.8 No 0.00%0 1 No 0.00% 0.00% 0 1 No 0.00% 0 1 Yes 5.84% 291 ,398 1 $291 ,398 75709 Totals 100.00% 53721 ,600 100.00% 100.00% 19310,000 100.00% 621 ,450 100.00% $47990,000 $121643,050 NOTE: dollars may be estimates for improvements not completed at any point in time and are subject to adjustment.