Consideration and Adoption of Resolution No. 2014-42:  A resolution of the City of Flagstaff, Arizona approving a pre-annexation agreement between the City of Flagstaff and the Gosch Family Living Trust.

State law allows cities to enter into pre-annexation agreements by resolution. The proposed Pre-Annexation Agreement governs the terms and conditions of the annexation, zoning and development of the subject property.

No impacts are anticipated.

COUNCIL GOALS:
1. Retain, expand, and diversify economic base
2. Complete Water Policy
3. Effective governance

REGIONAL PLAN:
The Flagstaff Regional Plan 2030 designates this site as Existing Rural.

None for this location.

The City Council may approve, deny, or modify the agreement as necessary to ensure that the development meets the objectives of the Flagstaff Regional Plan 2030 and the City's development goals.

 

The applicant's, Tom and Melanie Gosch, have requested a water tap into the City's new water transmission main that has recently been constructed along the north side of West Route 66.  This main is the same main that will provide water to W.L. Gore's facility on Kiltie Lane.  The site is located at 4392 West Route 66 and is adjacent to Route 66 and the main.  There are two structures on the site, a single-family dwelling and an accessory structure.

The Water Commission reviewed and unanimously approved a recommendation by the City staff that the this property be allowed to connect to the transmission main located in West Route 66, and that approval was contingent on two conditions:
1. That this site be served by one 3/4 inch yard line that serves the existing single-family home and accessory building(s).  Additional hook-ups to other homes will required additional review.
2. The approval is contingent upon the approval of a pre-annexation agreement.

The transmission main located within the West Route 66 right-of-way is 18-inches in diameter.  A 20-ft long 8-inch distribution main will be used to tap the transmission main.  A new fire hydrant will be located at the end of the distribution main.  The 3/4-inch yard line will tap the distribution main and will feed water to the Gosch residence.  Other than the existing transmission main, all of the improvements will be provided by the applicant. 

This site is located adjacent to the City owned McAllister Ranch property which lies between this applicant's property and the current city boundary.  Arizona Revised Statue requires that to qualify for annexation, a property must be located adjacent to an existing city boundary.  This property is not currently adjacent to an existing city boundary.

The existing development requests water services to be provided by the City.  City policy is to require annexation before providing services.  In cases where annexation is not practical at  this time, a pre-annexation agreement is recommended.  With the Pre-Annexation Agreement, the City agrees to provide water services to the property prior to the property's annexation into the City.  When it becomes legally permissible, the City will take such action as is necessary to annex the property.  

The Gosch request for out of city water service complies with the Comprehensive Water Policies adopted by Council on April 1, 2014. The request was evaluated by a cross divisional internal team (IDS review team) and meets all engineering design standard requirements for main extensions and service connections. The policy allows for water service after annexation or a pre-annexation agreement is executed. Per water policy strategy F4.1c;  water extensions will be permitted after annexation of the property  is completed or where the property owner has signed a pre-Annexation Agreement and it is approved by City Council.

The request also complies with existing city code language governing the application procedure for out of city water services. Ref City Code section 2-04-001-0007. “Any person, corporation or association desiring a water connection or tap, reclaimed wastewater connection, or sewer connection outside the limits of the City shall first apply to the Commission for such connection or tap”. “The Commission shall, within five (5) days thereafter, advise the Mayor and Council, in writing, of the nature of the application, whether a public hearing was held and the recommendations of the Commission on said application.”

The Gosch family does have a contract for out of city fire protection with the Flagstaff Fire Department.  The annual fee is approximately $264.72 per year.  The additional of a fire hydrant does not relieve them of the need for a Fire Service contract.

None.  A pre-annexation agreement does not require public or neighborhood notification.