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HomeMy WebLinkAbout11/16/1999, 3 - INTERIM AIRPORT AREA INFRASTRUCTURE FEES UPDATE counc�l °;� - s9 j a►cjenoa Repom 3" � CITY O F SAN LUIS O B I S P O FROM: Bill Statler, Director of Finance SUBJECT: INTERIM AIRPORT AREA INFRASTRUCTURE FEES UPDATE CAO RECOMN ENDATION Increase interim airport area infrastructure fees from $15,538 per acre to $26,236 per acre for annexation and development applications deemed complete after November 30, 1999. DISCUSSION Background In March 1997, the Council approved criteria for considering annexations in the Airport Area. As presented in the side bar, the purpose of the criteria is to allow interim annexations on a case- by-case basis while the Airport Area Specific Plan is being prepared,which we knew at that time would take several years to complete. The criteria apply to those properties in the Interim Airport Area Annexation Criteria Airport Area that would otherwise develop in Purpose. The purpose of the interim annexation the near term in the County. It is not criteria is to allow annexation to the, City, and intended to encourage new development prior development within the City, of those properties in the airport area which will otherwise develop in the short to adoption of the specific plan. term within the County. It is not intended to stimulate new development prior to adoption of the specific plan. In addition to establishing criteria in Criteria. Property in the airport area may be considering Airport Area annexations, the considered for annexation prior to adoption of the Council also set"interim fees"in March 1997 specific plan for the area provided it meets all of the following criteria: for infrastructure improvements. Attached is IN It is contiguous to existing City limits. the report presented to the Council at that ■ It is within the City's existing urban reserve line. time which outlines the assumptions upon ■ It is near existing infrastructure. which the interim fees were based in funding ■ Existing infrastructure capacity is available to costs for water, sewer, storm drainage and serve the proposed development. circulation improvements as well for ■ The applicant intends to proceed with preparing the specific plan itself. Excluding development immediately whether annexed or open space in-lieu fees, potential fees were not, and thus a development plan for the $15,328 to $26,236 P depending on per acre d endin applicant's property accompanies the annexation application. various Cost and infrastructure configuration ■ The applicant agrees to contribute to the cost of assumptions, preparing the specific plan and constructing area- wide infrastructure improvements pursuant to the The Council decided to set the interim fees at interim airport area annexation financing plan. the "low-range" estimate of$15,328 per acre, but with the understanding that fees would be updated as better information became available. When the Council awarded the specific plan preparation contract to Wallace Roberts & Todd in 3-1 Council Agenda Report—Interim Airport Area Infrastructure Fees Update Page 2 September 1997, the Council increased this fee slightly to $15,538 per acre based on updated plan preparation costs. There have been no other adjustments to the interim fees since then. Current Status of the Financing Plan The major work component of the Airport Area Specific Plan is preparing infrastructure master plans for water, sewer, storm drainage and circulation improvements. An integral part of this work is identifying the cost of these improvements, and preparing a financing plan to fund them. The infrastructure plans are nearly complete and work on the financing plan is underway. The results should be ready for public review by March 2000 in conjunction with the specific plan and environmental impact report. While the financing program is not complete, initial results show that final costs are unlikely to be less than the "high-range" fee in the interim fee report (and most likely will be more). As such,we recommend setting the interim fees at the high-end of the range at this time: $26,236 per acre. Why Should We Adjust Interim Fees Now? Setting interim fees at the "low range" estimate was not based on an empirical analysis of which scenario was more likely; but rather, this was a "policy call" by the Council based on "order of magnitude"assumptions. As recommended by the staff, at least part of the Council's rationale in setting fees at the low-end of the range was to encourage developments such as Spice Hunter and Ball Guitar to annex into the City,rather than develop in the County. These annexations (and several others) are now complete, and given the state of the local economy, the City does not suffer from a lack of annexation interest. Accordingly, there is no longer any need to provide an incentive for developing properties to annex,which was the case in 1997. Additionally, although the draft specific plan is not yet ready for public review, we now have enough information to know that setting fees at the high-end of the range would be a better policy decision for two reasons: ■ Interim fees will more closely approximate what the final fees are likely to be. ■ When the draft specific plan is ready for public review, the incremental increase in fees from existing ones will be significantly less,which should help lessen the"sticker shock" What if the "final fees"are lower than the new interim fees? Under the interim fee guidelines, applicants are provided with the opportunity to either pay the fees in cash, or to defer them via a letter of credit until the Council adopts "final" fees. Virtually all of the past applicants have opted to use the letter of credit approach. In this case, applicants would have the option of paying the"final" fees if these are lower than the interim fees. 3-2 Council Agenda Report—Interim Airport Area Infrastructure Fees Update Page 3 Implementation There are several annexation applications currently in the review process (or that we expect to receive in the very near future). For consistency with what has been communicated to these applicants to-date regarding infrastructure fees, we recommend making the new fees effective for applications deemed complete by the Department of Community Development after November 30, 1999. Open space in-lieu fees are not affected by the proposed increase: they will remain at $2,500 per developable acre. Proposals currently in the "pipeline" that are likely to meet the criteria for the lower fees include: Applicant Developable Farm Supply 5.0 A&R Welding 1.8 Pacific Bell(Fully-developed site) 0.0 Howard&Howard 7.8 FISCAL IMPACT Setting fees at a level more likely to fully recover infrastructure costs will improve our ability to fund needed infrastructure improvements in the Airport Area. However, as proposed, the updated interim fees would only be applicable to applications deemed complete between December 1, 1999, and whenever the Council sets updated fees again based on the specific plan information. This could occur in several ways: ■ Once we complete the public review draft of the specific plan (and accompanying financing program), the Council could set interim fees based on the draft plan. However, since there will be four financing programs based on the four options evaluated in the environmental impact report, it may not be apparent what an appropriate updated interim fee would be. Further, the Council may want to defer consideration of fee issues until the Planning Commission and other advisory groups have reviewed the draft plan. ■ The Council could wait to adjust any interim fees until final adoption of the specific plan. The potential for lost revenues depends on how much time lapses between December 1, 1999, and whenever the Council might again consider updated fees. This ranges from four months to one year. Any lost revenues will need to be made-up from either: ■ Higher fees for those properties that annex once "final" fees are in place (which may be problematical depending on the funding method we chose to use). ■ General-purpose resources in our general,water and sewer funds. 3-3 Council Agenda Report—Interim Airport Area!Infrastructure Fees,Update Page 4 ALTERNATIVES The Council could defer updating fees until either the public review draft of the specific plan is available, final adoption of the specific-plan, or some other time in between. However; given the better information we have now compared with when we first considered interim fees, we do not recommend this option. ATTAC11WWNT Interim Airport Area AnnexationTinancing Plan,March 1997 G:Airport Area Annexation/Intmim Fee Update Council Agenda Report 3-4 i I ♦ 1-EMM Airport Area Annexation Financing Plan .March 1997 city of san luis OBIS'PO 3-5 Interim Airport Area Annexation Financing Flan Overview 1 Proposed Fees 1 Implementation 1 Assumptions 1 Apportionment.of Costs 2 Funding Methods 3 Infrastructure,Open Space and Planning.Costs 3 Water System Improvements 3 Sewer System Improvements 4 Circulation System Improvements 4 Storm Drainage System Improvements 6 General Plan Open Space Requirements 6 - Specific Plan PreparationCosts 7 Cost and Apportionment Summary 7 Implementation 8 Interim Fee Amount 8 Interim Fee Payment Terms 8 Other.Fees 9 Annexation Agreement 9 .Appendix: Airport Area Interim Annexation Criteria 10 3-6 Interim Airport Area Annexation Financing Plan OVERVIEW The purpose of this report is to develop an interim financing plan for case-by-case airport area annexations. Even with this financing plan, it is important to note that annexations can only proceed in accordance with the City's overall interim annexation strategy. One important element of this strategy is that interim annexations can only occur as long as the annexation itself does not trigger the need to complete the improvements identified in this financing plan. Proposed Fees Based on the analysis that follows, interim fee estimates range from$17,828 to $28,736 per undeveloped acre as follows: Cost Estimate Per Acre Low Range High Range Water system improvements 2,730 5,460 Sewer system improvements 4,485 7,545 Circulation system improvements 3,000 5,688 Storm drain system improvements 4,625 6,938 Specific plan preparation 488 606 Infrastructure and planning costs 15,328 26,236 Open space in-lieu fee 2,500 2,500 Total $17,828 $28,736 As discussed in greater detail below,these costs and apportionment methodology are very preliminary, and will be refined further as part of the specific plan work effort. Consistent with past practice in setting fees based on preliminary cost estimates(most notably water impact fees as established in the Urban Waxer Management Plan),we recommend that interim fees initially be set at the"low range" level. These fees will be modified to the appropriate level upon completion of the specific plan. Implementation We recommend that the open space in-lieu portion of the fee($2,500 per acre)be collected upon annexation. The balance of the fees($15,328 per acre)could be deferred(secured by a letter of credit)until the airport area as a whole is annexed, or an assessment district is formed. ASSUMPTIONS The following outlines key assumptions in estimating interim airport area infrastructure fees. It is important to note that these are rough "order of magnitude" estimates based on very preliminary cost projections and a very simple apportionment methodology. This approximate, 3-7 - 1 - Interim Airport Area Annexation Financing Plan interim methodology underscores the importance of proceeding with preparing a specific plan that more fully develops infrastructure costs and funding plans. Apportionment of Costs Key assumptions in apportioning costs include: ■ There are about 950 developable acres in the Airport/Margarita area, of which about 150 acres are currently developed. These are very rough estimates, and will need to be further refined and detailed by land use type as part of the specific plan work effort. ■ For this interim analysis, costs are allocated on a simple per acre basis. In the final work that will be done as part of the specific plan, it is likely that a more detailed cost apportionment methodology will be used that allocates cost by land use(such as single family residential,multi-family residential, commercial, industrial or office). ■ For this interim analysis, infrastructure costs are spread only to new development(about 800 acres). This may not be the final basis for apportioning costs. In the final work that will be done as part of the specific plan, it is possible that infrastructure costs will be apportioned to both existing and new development. There are a number of good arguments for either approach, including a"blended" approach that weights existing and new development differently. Basis for Not Allocating Costs to Existing Development Existing development doesn't need the new infrastructure— it is functioning without it today, and therefore it will not benefit from fixture improvements and should not be allocated costs. If existing development intensifies its uses in the future(or if existing infrastructure fails or is inadequate), the cost of serving the expanded use can be recovered at that time. Basis for Allocating Costs to Existing Development All properties in this area will benefit from the new infrastructure, and should pay their fair share accordingly. In short, the future prospects of now-developed(or partially developed)properties will benefit from full infrastructure development. These are all critical methodological issues,which is why it is important that the financing component of the specific plan be prepared by an expert specializing in these types of analyses. 3-8 -2- Interim Airport Area Annexation Financing Plan Funding Methods If costs are only apportioned to new development, then funding can probably be accomplished through either impact fees (payable at the time of development) or an assessment district. However, if costs are apportioned to existing development as well, then it is likely that at least some part of the funding will have to be accomplished through an assessment district. Regardless of the apportionment methodology,the success of an impact fee approach will depend largely on an analysis of when infrastructure improvements will be needed, and whether this can be phased successfully with when new development is likely to occur. Again, these are important methodological issues that need to be addressed by an expert specializing in these types of analyses. INFRASTRUCTURE, OPEN SPACE AND PLANNING COSTS The following summarizes the cost assumptions for building needed infrastructure improvements,meeting General Plan open space requirements, and preparing the specific plan. Because the cost estimates are so rough at this time, a low and high-range cost estimate is provided for each of the major cost areas:water, sewer, circulation, storm drainage, open space and specific plan preparation. Water System Improvements The following cost estimates are based on major trunk line distribution system improvements only. They do not include main and lateral improvements that would typically be required of new development on a project-by-project basis. They also do not include any treatment plant improvements or new source of supply costs. These will be the same as City-wide impact fees for these improvements. These fees are already in place, and are payable at the time of building permit issuance($6,228 per single family equivalent). The improvement costs are based on a very preliminary plan that runs a major 16 inch trunk line down Tank Farm Road. The actual placement of these improvement has not been determined, and will be the main focus of the water system infrastructure plan that will be prepared as part of the specific plan. The major difference between the low and high cost estimate is how much hazardous materials are encountered along Tank Farm Road in trenching for this line, and the related costs for handling and disposing of this material. 3-9 -3- Interim Airport Area Annexation Financing Plan Rater System Improvements Cost Estimates Quantity Low High 16 inch water line 12,000 lf 1,820,000 3,640,000 Contingencies @ 20% 364,000 728,000 Toth 2,184,000 4,368,000 Sewer System Improvements The following cost estimates are based on major trunk line collection and lift station system improvements only. They do not include main and lateral improvements that would typically be required of new development on a project-by-project basis. They also do not include any costs for any needed treatment plant improvements. These will be the same as City-wide impact fees for these improvements. This fee is already in place, and is payable at the time of building permit issuance($2,566 per single family equivalent). However, an analysis of treatment plant capacity, and related expansion costs if needed,will be part of the specific plan infrastructure work, and as such,this fee may change significantly in the near future. The improvement costs are based on a very preliminary plan that runs both gravity and force main trunk lines down Tank Farm Road. The actual placement of these improvements has not been determined, and will be the main focus of the sewer system infrastructure plan that will be prepared as part of the specific plan. The major difference between the low and high cost estimate is how much hazardous materials are encountered along Tank Farm Road in trenching for this line, and the related costs for handling and disposing of this material. Sewer System Improvements Cost Estimates Quantity Low High 15 inch gravity sewer line 5,500 If 825,000 1,650,000 18 inch gravity sewer line 3,500 If 630,000 1,260,000 12 inch force main 4,500 If 585,000 1,170,000 Access holes 30 each 150,000 150,000 Lift station 1 each 800,000 800,000 Contingencies @ 20% 598,000 1,006,000 Total 3,588,000 6,036,000 Circulation System Improvements The following cost estimates are based on major street improvements only. They do not include 3-10 -4- Interim Airport Area Annexation Financing Plan street, sidewalk and landscape frontage improvements that would typically be required of new development on a case-by-case basis. They also do not include costs for City-wide transportation impacts. These will be the same as City-wide impact fees for these improvements. This fee is already in place, and is payable at the time of building permit issuance($1,265 per single family equivalent,with a 50% credit for retail and hotel uses). The improvement costs are based on a very preliminary plan for Tank Farm Road (no other road improvements are included) and various intersection improvements. More specific street improvements will be the main focus of the.circulation system infrastructure plan that will be prepared as part of the specific plan. The major differences between the low and high cost estimate are: ■ How much hazardous materials are encountered along Tank Farm Road in widening this street and the related costs for handling and disposing of this material. ■ The level of median and landscape improvements. Circulation System Improvements Cost Estimates Low High Street improvements 1,900,000 3,800,000 Intersection improvements 500,000 750,000 Total 2,400,000 4,550,000 Note on Prado Road Interchange Responsibilities As part of previous work on City-wide transportation impact fees and initial funding strategies for the Prado road road/Highway 101 interchange,it was determined(based on traffic generation projections)that about 87%of the estimated cost of$10 million for this project was attributable to three basic areas: Dalidio,Prado road area to the east of Highway 101, and the Margarita area Of this $8.7 million apportionment, about 10%was allocated to the Margarita area (or about $870,000). The balance of the project benefit(13%, or about$1.3 million)was attributable to the balance of the City,with 69.4%of this residual amount(or about$900,000)allocated to existing development, and 30.6% (about$400,000)allocated to new development in other areas of the City. Under this concept for funding the Prado road interchange improvements,this means that: 3-11 -5- Interim Airport Area Annexation Financing Plan ■ The Margarita area will be responsible for about $870,000 in costs,or$4,300 per acre based on about 200 developable acres in this area. This cost will probably be collected as part of the Prado road project assessment district. Because part of this project is included in the transportation impact fee, the Margarita area will receive a small transportation impact fee credit when it develops. ■ The balance of the airport area will not have a direct responsibility for the Prado road interchange project; its contribution is included in the transportation impact fee. Storm Drainage System Improvements The following cost estimates are based on the storm drain master plan prepared by Wallace Engineering in 1986. Estimated costs provided in this plan have been adjusted for inflation since that time (approximately 5%compounded annually). More specific improvements and cost estimates will be the main focus of the storm drain system infrastructure plan that will be prepared as part of the specific plan. The major differences between the low and high cost estimate are the uncertainty of the appropriateness of this plan, and the reliability of these cost estimates, 10 years later. Storm Drainage Improvements Cost Estimates Estimates adjusted for inflation from the 1986 Wallace Engineering report Lowl High Total 3,700,000 5,550,000 General Plan Open Space Requirements Annexation areas are required to make open space dedications. Based on past practice, this can either be in the form of direct land dedications or the payment of an in-lieu fee. The costs of recent open space protection purchases by the City have ranged from$12,500 per acre for"in fee" ownership to $270 per acre for open space easements. This is consistent with a recent review of"in fee" property values in our greenbelt area ranging from$1,500 to $15,000 per acre depending on the circumstances. Based on these factors as well as the analysis that was performed for the TK annexation(the City's first case of using an open space in-lieu fee as part of the annexation process), the average cost for open space acquisition in the greenbelt area is estimated at$2,500 per acre. The General Plan does not set specific targets for how much open space should be dedicated per developed area However, for the Dalidio, Froom, and De Vaal annexations,the General Plan sets a 1:1 ratio - for each acre of developed property,one acre of permanent open space should,.3-12 -6- 3 Interim Airport Area Annexation Financing Plan be preserved. Based on this policy guideline for these other areas,the open space in-lieu fee is estimated at$2,500 per acre. Specific Plan Preparation Costs The costs for preparing the specific plan have previously been estimated as follows: Specifu Plan Preparation Costs Cost Estimates Low Likely Infrastructure improvement plans 200,000 280,000 Infrastructure financing plan 50,000 50,000 Urban design plan 35,000 50,000 Environmental impact report 80,000 80,000 Plan preparation/integration 25,000 25,000 Total 390,000 1 485,000 Cost and Apportionment Summary The following summarizes infrastructure,open space and planning costs, and allocates them to undeveloped property on a per"developable" acre basis. As discussed previously,this apportionment is based on an estimate of 800 developable acres in the Airport/Margarita area Cost and Apportionment Summary Low-Range Cost Estimate High-Range Cost Estimate Cost Cost Per Acre Cost Cost Per Acre Water system improvements 2,184,000 2,730 4,368,000 5,460 Sewer system improvements 3,588,000 4,485 6,036,000 7,545 Circulation system improvements• 2,400,000 3,000 4,550,000 5,688 Storm drainage system improvements 3,700,000 4,625 5,550,000 6,938 Open space in-lieu fee — 2,500 — 2,500 Specific plan preparation 390,000 488 485,000 606 Total 12,262,000 17,828 20,989,000 28,736 As discussed above, this excludes costs of about$4,300 per acre for the Margarita area for its share of costs for the Prado road interchange. Placed in perspective,this represents a range of$3,600 to $5,700 per"equivalent dwelling unit." 3-13 -7- Interim Airport Area Annexation Financing Plan DIPLEMENTATION Interim Fee Amount Consistent with the City's past practice in setting fees based on very preliminary cost estimates (most notably water impact fees as established in the Urban Water Management Plan), we recommended that interim fees initially be set at the "low range" level as follows: Proposed Interim Annexation Fee Per Acre Infrastructure and Planning Fees 15,328 Open space in-lieu fee 2,500 Total $17,828 Interim Fee Payment Terms Deferral Option Fees will generally be due upon annexation based on the amount of property proposed for development at that time. However, since it is likely that the costs that drive these fees will only be incurred if annexation of the balance of the airport goes forward, an option would be to defer payment of the infrastructure and planning portion($15,328 per acre, secured by a letter of credit)until the rest of the airport area is annexed,or an assessment district is formed. .(The open space portion at$2,500 per acre would be due upon annexation, and would not be available for deferral). If this does not occur within five years after annexation,this payment obligation would no longer exist;however,property owners would continue to agree to participate in any future area-wide assessment district. In exchange for this deferral,the amount payable at that time (or the share of assessment costs) should be whatever the airport area impact fee/assessment spread is at that time. Under this conceptual approach,no fees would be due for already-developed portions of annexed property. However, if the final financing plan allocates costs to all developable property(both existing and new), and the property owner has deferred fees and agreed to participate in a future assessment district, there would be some liability for the existing developed property. Lump Sum Payment Option Under this option, the property owner could make a lump sum payment upon annexation and avoid any future liability or uncertainty for the entire site. 3-14 -8- Interim Airport Area Annexation Financing Plan Other Fees In addition to this interim fee,annexed properties in the airport area will pay all other City impact and development review fees in the amount and at the time that they would otherwise be required under existing City policies, including water, sewer and transportation impact fees. ANNEXATION AGREEMENT Usually,the City would formally adopt this fee under the standards of AB 1600,which establishes the framework for adopting and implementing development impact fees in California. Under AB 1600,impact fees are generally collected at the time of development as measured by building permit issuance. However,because annexation and development are not synonymous, and because the future annexation of the airport area and development of infrastructure is not certain,the commitment to pay this fee should be made earlier in the process-at the time of annexation. Accordingly,while the terms should be similar for each annexation, an agreement should be entered into between the property owner and the City on a case-by-case basis clearly setting forth the financial terms for annexation. G:Finance/Airport Area Annmation/Interi n Airport Area Financing Plan 3-15 -9- Interim Airport Area Annexation Financing Plan Appendix Airport Area Interim Annexation Criteria PURPOSE The purpose of the interim annexation criteria is to allow annexation to the City, and development within the City, of those properties in the airport area which will otherwise develop in the short term within the County. It is not intended to stimulate new development prior to adoption of the specific plan. CRITERIA Property in the airport area may be considered for annexation prior to adoption of the specific plan for the area provided it meets all of the following criteria: ■ It is contiguous to existing City limits. ■ It is within the City's existing urban reserve line. ■ It is near existing infrastructure. ■ Existing infrastructure capacity is available to serve the proposed development. M The applicant intends to proceed with development immediately whether annexed or not, and thus a development plan for the applicant's property accompanies the annexation application. ■ The applicant agrees to contribute to the cost of preparing the specific plan and constructing area-wide infrastructure improvements pursuant to the interim airport area annexation financing plan. 3-16 _ to_