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HomeMy WebLinkAboutSewer/Water connect - park fee analysis REQUEST FOR COUNCIL ACTION Date: March 6, 2001 Item No.: 4 Department Approval: Administrator Approval: Agenda Section: Zoning Name: Michael P.Gaffron Title: Planning Director Item Description: Dunbar Project: I. Sewer and Water Connection Charges Analysis 264ny`r j 1 -Z, II. Park Fee Analysis Since my February 7 memo (attached), the Council has considered the option of deferring certain up-front charges and development fees for the Dunbar senior housing project. Such deferral would be in exchange for guarantees that the use of the site and building would remain as senior housing for as long a term as possible. The deferred amounts plus interest would have to be paid back to the City if the use becomes other than senior housing. A brief summary of this plan is as follows: 1) The developer buys the land, conveys it to the City for$1,-----e71/ 2) City approves TIF funding plan with controls on rental price of 20% of units for 20 years; 3) City leases land back to the developer for 40 years(the life of the HUD bond guarantee)with a covenant in effect that requires that it remain in use as senior housing for that period; 4) City defers the up-front costs of park fees and sewer and water connection charges. City proceeds with street lighting,sidewalk and power line burial projects,paying itself back via TIF dollars over the 20-year TIF period; 5) At the end of 20-year TIF period, City loses its control over the low-income requirement; 6) At end of 40 year bond life, City sells the land back to the developer/owner for $1; at that time, the deferred amount plus 40 years interest becomes due unless the owner agrees to maintain the senior housing status for a specified renewable contractual period. In the February 7 memo, an option for revising the park fee ordi e is discussetras are options for interpretation ofthe original S&W agreements with Rebers.With the proposed incentive program in place,the City has no strong motivation to revise its Park Dedication ordinance nor to reduce the sewer and water connection charges below the amounts established by ordinance and per the original S&W agreement with Rebers. Deferral of the entire S&W connection charge and perhaps a portion of the park dedication fees would be appropriate. Since Orono's per-unit park fee is relatively high compared to that charged in some other cities for similar types of multi-family housing, staff would recommend that a park fee equivalent to $500 per unit ($31,000 for 62 units) be collected up front, with the remainder ($2600 per unit) deferred. Dunbar Project Fees March 6, 2001 Page 2 Based on information contained in the February 7 memo and taking into account the deferral/incentive program under consideration,I would suggest the following fee structures for the Dunbar project: Proposed Park Fees Total Amount Payment Deferred Up-front Amount Office Property $33,125 $33,125 -- Senior Housing Property $192,200 $31,000 $161,200 Totals $225,325 $64, 125 $161,200 Proposed Sewer and Water,Connection Charge Payment Up-front Deferred Office Property $0 $0 Senior Housing Property $0 $40,838 Total deferred amount would be approximately $202,000. COUNCIL ACTION REQUESTED Motion to approve the Park Fee and Sewer& Water Connection Charges for the Dunbar project per the above proposal. Dunbar Fees Analysis February 7, 2001 Page 2 I. SEWER & WATER CONNECTION CHARGES ANALYSIS The Dunbar project involves developing within Outlot F, Sugar Woods, a 62-unit senior housing building and a 27,000 s.f.office building. The senior housing building is expected to equal 62 SAC units. The office building is expected to net out at approximately 10 SAC units,although this could increase to perhaps 12-14 units depending on the extent of medical office fixtures installed. For discussion purposes,the two buildings will be considered as requiring a total of 75 SAC units. One SAC unit is the equivalent of 1 City sewer unit or 274 gpd. Outlot F 1989 Assessed Unit Allocation The document controlling the use and assessment of sewer and water units for Outlot F is the 1989 Petition for Local Improvements submitted by Otten, Wear and Rebers. In 1989 Otten, Wear and Rebers were each assessed for the costs of the SugarWoods/North Highway 12 sewer and water trunk(Phase I)and each were assessed for the Phase II improvements which included a)well,pump station, and connections for the assessed parcels; b) sewer upgrade to connect Phase I trunk to MWCC interceptor;and c)water tower construction and connections.Each were allocated a specific number of sewer and water units. The project was assessed on the basis of a total of 329 units,with 40 units allocated to Otten, 10 units to Wear and 69 units to Rebers. The remaining 210 units were expected to be used and paid for by future development in the Highway 12 area. Of Rebers' 69 units, 25 were attributed to the Sugar Woods residential development. Rebers paid off the assessment for the 25 Sugar Woods residential units in 1989; the remaining 44 units were specially assessed at a rate totaling approximately $6,300 per unit, and final payments for Phase II will occur in 2002. Of these 44, 3 were sold to Service 800 in 1999 for use in Sugar Woods Outlot E, and the remaining 41 are available for development within Outlot F. Because Rebers' remaining allocation of 41 units is less than the 75 units that will be required to serve Outlot F, a total of 34 units are technically lacking. While the 1989 Petition clearly specifies that the petitioners will be reimbursed for unused units at the full assessment rate plus interest upon full development, it says nothing about purchase of additional units should the development exceed the number of allocated units. It might be assumed that the extra required units should be purchased by the developer at the current connection charge rate for the 1989 Highway 12 sewer/water project. One might argue, however, that Rebers simply paid for a share of the sewer and water system at a rate that was determined by a unit allocation but which didn't limit him to that allocation. Dunbar Fees Analysis February 7, 2001 Page 4 II. PARK FEE ANALYSIS Residential. The standard Park Dedication fee for residential property is 8%of the land value,with a minimum fee of$3100 per dwelling unit and a maximum of$5300 per dwelling unit. The residential portion of the Dunbar site is valued at approximately$775,000. The standard park fee of 8% is $62,000. However, using the minimum per-unit fee, $3100 x 62 dwelling units is $192,200 or approximately 25% of the land cost. Although an argument can be made that higher density residential development has similar park needs and impacts as lower density housing, the relationship of park impact fees to land value becomes very disproportionate under higher density development. It can generally be assumed that in Orono,development of single family 2-acre and 5-acre lots will have land costs high enough that the maximum park fee of$5300 per unit almost always kicks in and developers will almost always be paying less than 8% in park fees. However, at densities of 4-6 units per acre or higher, even the $3100 per-unit minimum fee will far exceed 8% of the typical land cost per unit as can be seen on the attached table of Density vs Land Cost. This factor can become critical when attempting to meet City housing goals. In a situation where the City is providing incentives for a development that meets specified City goals, it may be appropriate to reduce or waive the park fees as a further incentive to such development. Minnetonka has recognized this via the following ordinance language: "400.030.7 The city council,at its discretion, may waive or reduce the requirements of this section when the subdivision includes a city-assisted development or redevelopment area or achieves some other public purpose and the requirements would create a financial hardship for the project." For projects not serving a specified public purpose, a further amendment of the park dedication requirements would be needed in order to lower park fees for higher density residential projects, if the Council were to conclude the current fees are inappropriate. Regarding the RPUD ordinance, Planning Commission has concluded that the required private recreation areas for RPUD developments should not be credited toward the Park Dedication requirements, as they serve different purposes. The "Private Recreation Area" language in the RPUD is from the Minnetonka Zoning Code,and is in addition to their Park Dedication requirement of 10%of the land area or(at Council option) a park fee. For comparison purposes, Minnetonka's park fees appear to be unrelated to the value of the land, and are significantly lower than Orono's park fees: Orono Minnetonka Single Dwelling $3100-$5300 $550 Townhome, duplex or multi-unit building $3100-$5300/unit $500/unit Office/Industrial $7750-13,250/acre $3000/acre Commercial $7750-13,250/acre $2400/acre ,41.4'',; ,--4 oo kr) o0 = O O O O O O o0 O �; O O O O O N O O O O (=)c,1 N r" r ° s M M kn M 00 N M �--� 00 M b4 �t.. 6R 6R EA 6R EA EA 64 EA 6R EA EA EA Tr VM N N cC 1. r z ,� c.0- iy; r O o 4h+ ig, A �-+ kr) O O OO O O O O O O [� O .. En tazi N N._ 3 N V M 00 [� M O M Ms. .---, 'EA `EA' r EA EA ER ER ER EA EA EA EA EA EA EA 0- 0 0 ,:r •,:o 7t 00 7 'F' cd N M N .--i ,--1 o O O ^a O O O O 00 O O O� O co o0 co O O O O O O O O. kr) O O O NO O .a kr) ,- E` O .� M O - 71- N O M M 00 [.- M -, M '-' M N M r-. 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C\•.. � c * h r COJ h 1 - (j ;1rr� �L�,�.,J _ F'-/30 - 90 �°C ' /2 k1.0) c PETITION FOR LOCAL IMPROVEMENT G_z (2A1 , 1989 TO THE CITY COUNCIL OF ORONO, MINNESOTA: The undersigned Petitioners, being all the owners of real property abutting the North side of Wayzata Boulevard (U.S. Highway 12) from the Northwest quadrant of Brown Road and Wayzata Boulevard and to and including the Northeast quadrant of Willow Road and Wayzata Boulevard sketched on Exhibit A annexed hereto (the "Assessed Parcels") hereby petition that construction of sanitary sewer and water facilities (the "Improvements") be undertaken by the City of Orono pursuant to Minnesota Statutes Chapter 429 as follows: Phase I : a) Sewer and water trunk to serve the Assessed Parcels. Phase II : a) Well, pump station, connections for Assessed Parcels and related improvements. b) Sewer upgrade to connect Phase I (a) trunk to Metropolitan Waste Commission interceptor. c) Water tower construction and connections. subject to the following conditions: 1. Final Plans and Specifications. The City has engaged the City Engineers to prepare detailed plans and specifications for completion of the Phase I Improvements, including preparation of estimates, special contract provisions, preparation of proposal forms and designation of the description of all necessary and peiluanent temporary easements. The City will engage the City Engineer to prepare detailed plans and specifications for completion of the Phase II Improvements at such time as the City is prepared to undertake the Phase II Improvements. Plans and specifications for Phases I and II shall be coordinated with Petitioners for proper placement of the driveway curb cuts, individual building utility services, and water service stubs. 2 . Easements . Petitioners shall make available to the City, at no cost to the City, all permanent and temporary easements necessary for the installation of the Improvements within the Assessed Parcels, as determined by the City Engineer. Each such easement requested by the City shall be in writing, in recordable fozuI, and on terms reasonably satisfactory to the City and the affected Petitioner. C:\DOCS\TTu\PETITION.7/21/89 - �� 3 . Total Costs of Protect. In consideration of the action of the City Council authorizing the construction of the Improvements, Petitioners hereby agree to be assessed their fair share of the cost of the Improvements, including reasonable engineering, legal and administrative costs incurred by the City, according to the number of units allocated to each Petitioner (as set out opposite their signatures hereto) . The City Engineer has!,� . estimated that the a - . nt fnr each unit will total $1,_$IQ-,00 , %. for P ase I Improvements and $3 ,240. 00 for Phase II Improvements. - - _ - The City -may, at its election, may determine to perform certain . > ^ 2 . Phase II Improvements as a part of Phase I and increase assessment for Phase I Improvements by up to $1, 000. 00 , provided that the Phase II Improvements are ratably reduced such that the total assessment for Phase I and Phase II Improvements, regardless of when constructed or assessed, does not exceed $A,_,�.YO,,QA.,.,;4",plus,, flircp taliz_ed.;interest, if any) . Nevertheless , Petitioners agree to be asAessed for un to 10% more than such amount_ The final � '°� hal"' �`-e ase' ' on'h final cost of the assessment roll shall be p Improvements and the units allocated to each assessed Petitioner. 4 . Snecial Assessment Installments; Interest. Each Petitioner ' s share of the cost of the Phase I Improvements shall , . be paid by the Petitioner to the City as a special assessment � levied against such Petitioner ' s benefitted parcel or parcels in ( l' � • five (5) equal annual installments of principal and capitalized /n• 7 - interest (if any) , and with interest on unpaid installments at an r' t , annual percentage rate to be established by the City at the time of the sale of the Improvements bond issue. Each Petitioner ' s ,'' 2 share of the cost of Phase II Improvements shall be levied against/ . such Petitioner ' s benefitted parcel or parcels, in seven (7) equa (/)— installments of orincipa an. capi a ize. interest (if anv) ( 1 2 - n beg ning in the fourth- ll year foowing the payment of the initial ��r annu -.I al ins a mens for Phase Improvements . 9— t,n_ G 5. Reimbursement of Assessments. The City will reimburse r any Petitioner who fails to be able to utilize the number of units : (! reserved herein, only if the City refuses to approve a development -h 5 / plan allowing use of the total number of units reserved herein, in an amount equal to the total assessment paid for each unit the ---,, Petitioner is unable to use, together with interest thereon. 1 ) Reimbursement by the City shall be paid in lump sum if accruing after all installments of special assessments have been paid. If final City action denying development utilizing the reserved number of units is taken prior to payment in full of a Petitioner' s installment obligations, then the City shall reimburse such Petitioner in lump sum for the portion of the assessment already paid (including interest paid thereon) with respect to unused units, and in equal yearly payments over the remaining term of the special assessment period for that portion of the remaining installments (and interest thereon) allocated to the unused units. Notwithstanding any right to reimbursement that has accrued or may C:\DOCS\TTN\PETITION.7/21/89 2 accrue, any installment payments of special assessments due hereunder shall be fully paid when due. 6 . Acceleration of Payment. Petitioners herein agree that prior to the granting of a building permit for a Petitioner's parcel, the special assessment petitioned for herein for such parcel, including all remaining installments and any interest due thereon, shall be fully paid; provided that if fewer than the total number of units allocated to a Petitioner herein are allocated to a portion of such Petitioner's parcel, pursuant to a development plan approved by the City, then this special assessment shall only be fully paid with respect to the units allocated to such portion. 7 . Exclusion from Initial Assessment. Petitioners William J. and Mable J. Wear (PIN 34-118-23-24-0001 and PIN 34-118-12-21- 0002) (the "Wears") enter into this petition on behalf of themselves and their successors or assigns. It is understood that the Wears currently receive sewer and water service from the City of Long Lake. The Wears will be assessed for ten (10) units hereunder. An additional thirty-two (32 units will be reserved /1 /)4 `tor the Wear property for five (5) years following the date of Wear' s execution hereof. At such time as the Wears, or their successors or assigns, petition to utilize the reserved units and be connected to the Improvements, they shall be assessed based upon then current unit values as determined by the City. 8 . Payment Dates. If the special assessments levied by the resolution of the City Council pursuant to this Petition for Phase I (and subsequently levied for Phase II) are adopted by and between October 10th of any year and April 10th of the following year, it is understood and agreed that the Petitioners will pay the City Clerk one-half (1/2) of the first annual installment with interest on or before May 31st next following the levy, and will pay the remaining one-half (1/2) of such first installment with interest to the City Clerk on or before the following September 30th. All remaining installments shall be paid as assessments to the Treasurer of Hennepin County as and when the general property taxes become due upon Petitioner' s respective properties. If the special assessments levied by the City Council pursuant to this Petition are adopted between April 11th and October 9th of any year, then all installments due hereunder shall be paid as assessments to the Treasurer of Hennepin County as and when the general property taxes become due upon such property. 9 . Waiver by Petitioners. Petitioners agree to waive, and hereby do waive, any and all rights to appeal the special assessments, including any supplemental assessments, with regard to any procedural or substantive rights, rights to a public hearing, rights to any notices under Minnesota Chapter 429 or any other ordinances of the City, and the constitutions or laws of the State of Minnesota or of the United States. C:\DOCS\TTW\PETITION.7/21/89 3 10. Successors and Assigns. The terms and provisions of the Petition shall be binding on and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto, and shall be binding on all future owners of all or any part of the Petitioners' respective properties and shall be deemed covenants running with the land and shall be enforceable by the City against the Petitioners, their heirs and assigns. NO. OF UNITS ALLOCATED TO ;TITIONERS: ADDRESS EACH PETITIONER rners of PIN 34-118-23-21-0001: ✓4"z>.- 69 Rebers Construction Co. v .-____--- 1 i lL _ T" By -%<-7--- e-,-."--------- ��, �i(-. L;h1;( � � , , c o Rebers Construction Co. /�iSiEdney/B-:--Rebez 3524 Webster Avenue -� St. Louis Park, MN 55416 /7) C•'').-7-7r.. • �, ,./. ? c/o Rebers Construction Co. Barbara Rebers ! 3524 Webster Avenue St. Louis Park, MN 55416 rners of PIN 34-118-23-24-0001 and ,/✓,r,.p)/') 10 34-118-12-21-0002 ____ 4.,,„, r c� 36 Hackberry Hill William W. Wear Orono, MN 55356 7114 age 5)-- it &t/ 36 Hackberry Hill . Mable J.,/Wear Orono, MN 55356 ',p/7) ( 'v �li �— 40 r�,,� avers of PIN 34-118-23-22-0013: _, f/- j/, ( 405 Willow Drive South l ,Cbi/it/dX1,, rlesRings Long Lake, MN 55356 /O-`/, /`,''e -j --,-,-4-a 13 M?a--c- " S" 405 LongWillow Drive South 56 ( ` Mary Ringer d Lake, MN C:\DOCS\TTW\PETITION.7/21/89 4 .1,.//7//2" On. { /17 . ;LA - _ tJ Clifford Otten and / S`� Louise W. Otten, husband and wife, as Optionees under Option Agreement dated 4f 111 II Examined, checked and found to be in proper form and to be signed by the required number of owners •f property affected by the making of the improvements petitioned dr. / // Ci y Cle• v • C:\DOCS\TTW\PETITION.7/21/89 5 33. 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