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TC Res. No. 2009-26 AMENDING AVON MUNCIPAL CODE, TITLE 13,TOWN OF AVON RESOLUTION NO. 09-26 Series of 2009 A RESOLUTION AMENDING AVON MUNCIPAL CODE, TITLE 13, APPENDIX 13 -A, WATER RATE SCHEDULE/TAP FEE SCHEDULE WHEREAS, the Town Council of the Town of Avon finds that the adequate maintenance and acquisition of water rights is essential to the Town's ability to serve all development in the Avon community with water; WHEREAS, the Town of Avon Comprehensive Plan states as Goal J. 2: "Ensure cost effective provision and development of public facilities and services." and states as Policy J.2.4. "Analyze the net costs of various types of growth and development including long term service provisions and secondary impacts." WHEREAS, Town Council finds, based on Town Staff analysis and other available information, that actual development in the Town of Avon is resulting in the consumption and usage of single family equivalent water rights in excess of original projections and estimates; WHEREAS, the Town Council finds that the policy of the Town of Avon and the State of Colorado is require new growth to pay its own way and to not burden existing residents and property owners with the costs of new growth; WHEREAS, the Town of Avon wishes to add a surcharge to its water tap fee schedule for additional revenue for providing adequate water rights to future development; WHEREAS, Avon Municipal Code section 13.01.060 allows for amendment of Appendix 13 -A by resolution; WHEREAS, the Town Council finds that the adoption of this Resolution with promote the health, safety and general welfare of the Avon community; NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that Avon Municipal Code, Title 13, Appendix 13 -A is hereby amended as attached on Exhibit A to this Resolution. ADOPTED THIS 8" DAY OF SEPTEMBER, 2009. TO COUNCIL WN OFQAVON, COL RADO Ronald C. Wolfe, Mayor att Mc enny, T n Cl rk Appendix 13 -A Water Rate Schedule/Tap Fee Schedule Classification Residential Unit. a) Base Tap Fee Any living unit with a kitchen; a kitchen being defined as including but limited to, hot and cold water, stove and /or microwave, sink and refrigerator. Examples: residential condominiums, townhouses, apartments, duplexes, triplexes, lock -off apartments, etc. Any commercial business and/or facilities in a residential condominium complex must be metered by a separate master meter separate from the residential units. b) Oversized Unit Surcharge A surcharge will be collected from all residential units in Avon, excluding those within Mountain Star subdivision, exceeding 3,000 sq. ft. in size. A surcharge will be collected from residential units in Mountain Star exceeding 7,500 square feet. Where zoning designates a specific number of residential units for a lot, the property owner may apply those designated residential units towards the Oversized Unit Surcharge provided that the total development of the lot does not exceed the number of SFE's designated for the lot. 2. Hotel/ Lodge /Motel /Lock- Off /Accommodation Unit. Efficiency Room: a single room with a bathroom and a kitchen; a kitchen being defined as including, but not limited to, hot and cold water, stove and /or microwave, sink and refrigerator. Rooms (with or without a bathroom, but without a kitchen) with private access to a central corridor or the outside. Rate $4,000.00 per unit up to 3,000 sq. ft., plus $2.00 per sq. ft., thereafter; plus $2.00 per sq. ft. for private swimming pool An additional $1.40 per sq. ft. over 3,000 sq. ft. (over 7,500 sq. ft. for Mountain Star) $2,000.00 per efficiency room $1,400.00 per room Restaurants, bars, stores, offices and accessory areas (such as lobbies, mechanical rooms, convention centers, ballrooms, auxiliary dining rooms, guest recreational facilities) in a hotel /lodge must be metered by a separate master meter so that these uses can be assessed a tap fee and usage fee separate from the hotel/ lodge /motel /lock -off /accommodation units. (minimum $6,000.00) Commercial, Industrial and Irrigation. (These uses must be metered on a separate master meter so that these uses can be assessed a tap fee and usage fee separate from the residential, hotel, lodge, motel, lock -off, and accommodation units.) All commercial, industrial, and mixed -use projects must obtain a determination of water allocation dedicated for the property to be developed prior to submittal of any plans for the property. The Town Engineer will then determine the adequacy of the existing water allocation and determine the appropriate surcharge for new development or additions, up to $4,200 per SFE. Service Line Size SFE Rate 3/4 inch 1.50 $ 6,000.00 1 inch 2.60 10,400.00 1' /2 inch 5.80 23,200.00 2 inch 10.30 41,200.00 3 inch 23.00 92,000.00 4 inch 40.90 163,000.00 6 inch 92.10 368,000.00 4, Water Meter. Meter sizes for all applications shall be determined by the Eagle River Water and Sanitation District (District). The appropriate water meter shall be purchased from the District for new structures. Once installation of the meter has occurred, the District shall inspect the installation for compliance with District rules prior to water turn on. 5. Service Charges. Refer to rates in current Schedule of Fees and Charges, Appendix A, Eagle River Water and Sanitation District/Upper Eagle Regional Water Authority Rules and Regulations Single- family equivalents: Single - family equivalents (SFEs) shall be assigned as follows for the determination of base service charges: Residential unit to 3,000 per sq. ft. Residential unit over 3,000 sq. ft: (actual sq. ft.) x 1 SFE _ (3,000 sq. ft.) Hotel /lodge /motel /lock - off /accommodation unit: Efficiency room Rooms Commercial, industrial and irrigation: Service Line Size '/4 inch 1 inch P/z inch 2 inch 3 inch 4 inch 6 inch SFE /unit 1 SFE /unit 0.50 SFE /efficiency room 0.35 SFE /room SFE 1.50 2.60 5.80 10.30 23.00 40.90 92.10 Base service charges for existing accounts with assigned SFEs varying from this schedule shall be adjusted over a three -year period. One -third of the difference between the assigned SFEs and the reviewed SFEs shall be added to the SFE schedule for base service charges effective with the January billing of each year until the assigned SFE schedule is current. 6. Fire Hydrant Meters. Fire hydrant meter use is allowed between April 15 and October 15, provided freezing at night is not occurring. The customer is responsible for any damage to fire hydrants or fire hydrant meters, which includes vandalism or freezing. Rates for Fire Hydrant Meter use can be found in Appendix A, Schedule of Fees and Charges, Eagle River Water and Sanitation District Rules and Regulations. 7. Mixed -Use The SFE's for mixed -use developments shall be determined by using the aggregate of the required SFE's calculated for each of the various uses described above. Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town EngineerIA Jeffrey Schneider, P.E., Project Engineer Date: September 2, 2009, 2009 Re: Resolution 09 -26, Series of 2009, A Resolution Amending the Avon Municipal Code Appendix 13 -A, Water Rate Schedule/Tap Fee Schedule Summary: In 2005, the Town of Avon renegotiated the lease agreement for the administration of all Avon water rights with the Upper Eagle Regional Water Authority (UERWA). The lease was further amended in 2009 to include the Riverfront Subdivision. The scope of the lease agreement includes all areas previously served by Avon Metropolitan District water service, generally consisting of the Town of Avon boundaries and excluding the Eaglebend Subdivision, Gates and Folson parcels, and the Village at Avon. As a result of the lease and subsequent amendments, a total of 5,239.55 (Single Family Equivalents) SFEs of water are allocated to the Town's supply. SFEs are the unit of water allocation for approximately one family in one dwelling unit. During lease negotiations, it was determined that the Town could supply water to new developments up to the maximum underlying zoning, as well as redevelopment up to existing zoning. Since then, Town Staff has required all large developments involving upzoning to provide additional water rights above those provided by Avon under existing zoning, the most recent example being the Riverfront Subdivision. Providing adequate and acceptable water rights is a condition of final plat approval per Avon Municipal Code Section 16.24.140 (7). Mandating that larger development bring additional water rights currently does not address the additional usage of water which occurs from residential units over 3,000 square feet. The water allocation (SFEs) allocated for a given dwelling unit assume a maximum size of 3,000 square feet. A recent trend in residential construction is to build larger units that require more water than previously contemplated and estimated during water demand calculations. This memorandum is to present Resolution 09 -26, Series of 2009, A Resolution Amending Avon Municipal Code, Title 13, Appendix 13 -A, Water Rate Schedule/Tap Fee Schedule. The resolution is attached as Attachment A. The tap fee schedule amendment will create a surcharge for over -sized residential units and will increase the commercial tap fees so that a dedicated revenue stream can be realized for the town for the acquisition and maintenance of additional future water rights. Previous Council Action: The Avon Town Council approved the Supplemental Water Lease with the Upper Eagle Regional Water Authority at the July 14, 2005 regular meeting. The lease was further supplemented with water provided by the Riverfront Subdivision and was approved at the July 14, 2009 council meeting. Copies of the Supplemental Water Leases are attached as Exhibit A. An introduction to this topic was provided at the April 8, 2008 meeting. This topic was presented to Town Council at the August 25, 2009 meeting. Background: Single Family Equivalents, or SFEs, are the measurement of water consumption and allocation used by the Town of Avon and the UERWA. One SFE is equal to any residential living unit with a kitchen, whether it is a single- family home, townhome, condominium, or apartment, provided that the unit is below 3,000 square feet and contains kitchen facilities. Additional square footage is calculated as pro -rated additional SFEs. An accommodation unit with an efficiency kitchen is counted as 0.5 SFEs, and a hotel room without any cooking facilities includes 0.35 SFEs. Commercial properties Resolution 09-26, Series of 2009, A Resolution Amending Avon Municipal Code, Title 13, Appendix 13•A, Water Rate SchedulefTap Fee Schedule September 2, 2009 Page 3 of 3 surcharge will be assessed. However, subsequent development, redevelopment, or additions will incur the surcharge. Mixed use and commercial development will be treated differently based on the fact that much of the commercial land will be redevelopment of existing parcels. Once tap fees are paid and SFEs assigned to the property, they are assigned in perpetuity. The language in the revised Appendix 13- A allows the Town Engineer to make an assessment of the existing versus proposed SFE demand and require additional surcharges and water rights as deemed appropriate. Resolution 09 -26 will also incorporate some overdue housekeeping revisions, such as revising the language pertaining to Water Meters, Service Charges, and Fire Hydrant Meters to refer to the current Eagle River Water and Sanitation District Rules and Regulations. The Appendix 13 -A contained in the current Municipal code has not been revised since 1996. By incorporating the ERWSD Rules and Regulations by reference, the fees and other information will be updated as the fees change, without the need to revise the Avon Municipal Code. Financial Implications: Instituting the proposed Tap Fee surcharge as contemplated in Resolution 09 -26 will provide the Town with a dedicated revenue stream for the future acquisition and maintenance of water rights. As water rights become scarce and the availability diminishes, the cost is growing proportionately. Based on data from 2005 -2008, the surcharge proposed in Resolution 09 -26 would have increased the Town's water fund revenue by approximately $25,000 per year. This annual figure will increase substantially when the large commercial development planned for the Town Center areas occurs. The amount of the Tap Fee surcharge is calculated to collect a fair and proportionate amount from users based on usage and anticipated costs for future acquisition and maintenance of water rights. Recommendation: Staff recommends approval of Resolution 09 -26, Series of 2009, A Resolution Amending Avon Municipal Code, Title 13, Appendix 13 -A, Water Rate Schedule/Tap Fee Schedule Proposed Motion: I move to approve Resolution 09 -26, Series of 2009, A Resolution Amending Avon Municipal Code, Title 13, Appendix 13 -A, Water Rate Schedule/Tap Fee Schedule Town Manager Commen Attachments: Attachment A — Resolution 09 -26, Series of 2009, A Resolution Amending Avon Municipal Code, Title 13, Appendix 13 -A, Water Rate Schedule/Tap Fee Schedule • Page 3 n n C Appendix 13 -A Water Rate Schedule /Tap Fee Schedule Classification Residential Unit. a) Base Tap Fee Any living unit with a kitchen; a kitchen being defined as including but limited to, hot and cold water, stove and/or microwave, sink and refrigerator. Examples: residential condominiums, townhouses, apartments, duplexes, triplexes, lock -off apartments, etc. Any commercial business and/or facilities in a residential condominium complex must be metered by a separate master meter separate from the residential units. b) Oversized Unit Surcharge A surcharge will be collected from all residential units in Avon, excluding those within Mountain Star subdivision, exceeding 3,000 sq. ft. in size. A surcharge will be collected from residential units in Mountain Star exceeding 7;500 square feet. Where zoning designates a specific number of residential units for a lot, the property owner may apply those designated residential units towards the Oversized Unit Surcharge provided that the total development of the lot does not exceed the number of SFE's designated for the lot. 2. HoteULodge /MoteFLock- Off/Accommodation Unit. Efficiency Room: a single room with a bathroom and a kitchen; a kitchen being defined as including, but not limited to, hot and cold water, stove and/or microwave, sink and refrigerator. Rooms (with or without a bathroom, but without a kitchen) with private access to a central corridor or the outside. EXHIBIT A Rate $4,000.00 per unit up to 3,000 sq, ft., plus $2.00 per sq. ft., thereafter; plus $2.00 per sq. ft. for private swimming pool An additional $1.40 per sq_ ft. over 3,000 sq. ft. (over 7,500 sq. ft. for Mountain Star) $2,000.00 per efficiency room $1,400.00 per room Restaurants, bars, stores, offices and accessory areas (such as lobbies, mechanical rooms, convention centers, ballrooms, auxiliary dining rooms, guest recreational facilities) in a hotel/lodge must be metered by a separate master meter so that these uses can be assessed a tap fee and usage fee separate from the hoteFlodge /moteFlock- off/accommodation units. (minimum $6,000.00) Commercial, Industrial and Irrigation. (These uses must be metered on a separate master meter so that these uses can be assessed a tap fee and usage fee separate from the residential, hotel, lodge, motel, lock -off, and accommodation units.) All commercial, industrial, and mixed -use proiects must obtain a determination of water allocation dedicated for the property to be developed prior to submittal of any plans for the property. The Town Engineer will then determine the adequacy of the existing water allocation and determine the appropriate surcharge for new development or additions, into $4,200 per SFE. Service Line Size SFE Rate 3/ inch 1.50 $ 6,000.00 1 inch 2.60 10,400.00 11/2 inch 5.80 23,200.00 2 inch 10.30 41,200.00 3 inch 23.00 92,000.00 three -year period. One -third of the difference between the assigned SFEs and the reviewed SFEs shall be added to the SFE schedule for base service charges effective with the January billing of each year until the assigned SFE schedule is current. Fire Hydrant Meters. Fire hydrant meter use is allowed between April 15 and October 15 provided freezing at night is not occurring_ The customer is responsible for any damage to fire hydrants or fire hydrant meters which includes vandalism or freezing. Rates for Fire Hydrant Meter use can be found in Appendix A, Schedule of Fees and Charges Eagle River Water and Sanitation District Rules and Regulations D-I.*- r;-- 1,­4__ -ed te be tised between April 15th aiid Oeteber- 15th; pfo�Aded fFeezing a and-lism er- freezing. Appr-eved for- eMensien efuse after- Oetabef l6th fai+st be requested in writing. Fire hydrant water shall not be used for drinking purposes at any time A relocate fee of $68 to move the fire hydrant meter from one fire hydrant to another is required Only District personnel are allowed to move fire 7. Mixed -Use The SFE's for mixed -use developments shall be determined by using_the aggregate of the required SFE's calculated for each of the various uses described above