Consideration and Adoption of Ordinance No. 2020-07:  An ordinance extending and increasing the corporate limits of the City of Flagstaff by annexing certain land totaling approximately .32 acres located at 4409 North Highway 89, and establishing city zoning for said land as Highway Commercial, HC. (Annexation of property to facilitate the redevelopment of existing retail to a restaurant)

An annexation request by Amy McClaughry on behalf of KFH Route 66 & Cummings, LLC., for the annexation of approximately .32 acres, located at 4409 North Highway 89 and further described as Coconino County Assessor’s Parcel Number 113-27-027B, into the corporate limits of the City of Flagstaff and establishing the Highway Commercial (HC) zoning district.  If the annexation is approved, the City of Flagstaff will provide sewer service to this site for the redevelopment of a restaurant.

The Planning & Zoning Commission in a public hearing on February 26, 2020, recommended 5-0 to forward this Annexation to the City Council with a recommendation of approval.

The purpose of this annexation is to provide the subject property with sewer service.  Currently, the site has access directly onto either City or ADOT maintained roadways.  The property is currently served with City water.  No additional maintenance costs will be incurred through the annexation of this County island.

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Council Goals
Economic Development (Grow and strengthen a more equitable and resilient local economy)
Transportation and Other Public Infrastructure (Deliver quality infrastructure and continue to advocate and implement a highly performing multi-modal transportation system)

Flagstaff Regional Plan
The Flagstaff Regional Plan 2030 provides the following goal and policy guidance with respect to annexation:
LU.7.2 (page IX-32) - Require unincorporated properties to be annexed prior to the provision of City services, or that a pre-annexation agreement is executed when deemed appropriate.
Policy WR.4.3 (page VI-13) - Development requiring public utility services will be located within the Urban Growth Boundary.

Team Flagstaff Strategic Plan
Foster a Resilient and Economically Prosperous City

None

1. Approve the annexation with the conditions as recommended by the Planning and Zoning Commission.
2. Approve the annexation with additional conditions, modified conditions, or deleted conditions.
3. Deny the annexation for non-compliance with the Regional Plan, Zoning Code, and/or Arizona Revised Statutes.

The request by KFH Flagstaff to annex .32 acres at 4409 North Highway 89 is a portion of two (2) platted lots of the Winifred Lynch Ranch Subdivision.  The parcel, Assessor’s parcel number 113-27-027B, is surrounded on four sides by existing parcels or right-of-way, and the adjacent parcels and ROW all are within existing City jurisdiction, making this parcel a "County island."  Several County islands exist within the City limits. These islands are serviced by varying degrees of City services.  This site accesses directly onto City streets:  Highway 89 to the south and Lynch Avenue to the north.  Water is currently provided by the City Water Services Division; sewer access (tap) will be allowed if the annexation is approved.  The tap will be provided by the developer with the new development. The existing septic system will be abandoned.
 
The site plan review for the development was approved on January 7, 2020. The approval was conditioned on approval of this proposed annexation by the City Council.  The development proposal includes the adjacent parcel where a Pizza Hut restaurant currently operates.  If annexed, this parcel and the adjacent property will be combined into a single parcel. The Pizza Hut building will be converted to a Verizon retail store, and a new Dunkin Donuts (drive-thru only) restaurant will be constructed. The existing building on the parcel being annexed will be demolished, and a new Chipotle restaurant will be constructed in its place.  Full access from North Lynch Avenue will be developed. A right-in right-out access from Highway 89 will also service this site.

This annexation will increase the corporate limits of the City of Flagstaff and eliminate a parcel from being a County Island.

If annexed, the proposed project will provide new infill and replace existing development, provide edge improvements, enhanced landscaping, Dark Sky compliant lighting and building architecture in compliance with the City of Flagstaff's architectural design standards.

Public hearings before the Planning and Zoning Commission and City Council are conducted in conjunction with requests for annexation.  In accordance with State statute, a notice of the public hearing was provided by placing an ad in the Arizona Daily Sun, posting notices on the property, and mailing a notice to all property owners within 300 feet of the site, all HOAs within 1000 feet, and to the City’s “Registry of Persons and Groups” as provided by the City.  Annexation notices were also provided to the Coconino County Recorder, County Assessor, County Community Development Department, and the Chair of the Board of Supervisors.
 
As part of the Neighborhood Meeting public notification process required for annexations, the applicant held a neighborhood meeting on January 6, 2020, in the Flagstaff Subaru Dealership conference room at 4910 East Marketplace Drive.  The applicant has developed a list of questions and responses (attached) from the meeting. Additionally, staff received one response from a member of the public (copy attached).  The Planning and Zoning Commission held a public hearing on this application on February 26, 2020, no members of the public commented on this item, the Commission recommended approval of the annexation by a unanimous vote (5-members present).