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13.A.
City Council Draft Agenda
Meeting Date:
09/18/2018
From:
Alaxandra Pucciarelli, Planning Development Manager - AP

TITLE:

Consideration and Approval of Resolution No. 2018-39:  A resolution of the City Council of the City of Flagstaff, Arizona authorizing the execution of a Pre-Annexation Agreement between the Taylor and the City of Flagstaff related to the future annexation of approximately 1.96 acres of real property generally located at 1890 N. Venus Drive  (requiring future annexation as a condition for connection to City sewer system)

STAFF RECOMMENDED ACTION:

1) Read Resolution No. 2018-39 by title only
2) City Clerk reads Resolution No. 2018-39 by title only (if approved above)
3) Adopt Resolution No. 2018-39

Executive Summary:

The applicants have requested city sewer service for the parcel located within Coconino County.  They would like to construct a single-family residence, but do not meet the state legal requirements for annexation.  The Water Services Division requires a Pre-Annexation agreement prior to providing city service outside of the city limits.

Financial Impact:

No financial impacts are anticipated.

Policy Impact:

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

Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:

Council Goals:
1. Water Conservation: Augment reclaim water supplies by increasing sewer flow.
2. Environmental and Natural Resources Goal: Sewer tie in would protect the Rio from leach field runoff.
Team Flagstaff Strategic Plan:
Strategic Priority #4: Work in partnership to enhance a safe and livable community
Regional Plan:
Goal LU.7. Provide for public services and infrastructure. Policy LU.7.2. Require unincorporated properties to be annexed prior to the provision of City services, or that a pre-annexation agreement is executed when deemed appropriate.

Has There Been Previous Council Decision on This:

None for this application.  The City Council at an October 29, 1968 meeting discussed approval of 90 sewer taps for land owned by Valley National Bank, in consideration for a sewer line easement that runs through an adjacent subdivision that was annexed into the CIty (Cheshire Unit #1).  This understanding was not recorded against VNB land.  The Taylor parcel is part of the old VNB land, which has not been annexed.

Options and Alternatives:

The City Council may approve, deny, or modify the agreement as necessary to ensure that the development meets the objectives of the Regional Land Use Plan and the City's development goals.  The pre-annexation agreement includes two options as a part of section 5: 
Option 1: The Council may require the applicant to pay both the sewer tap fee ($299.62) and the sewer capacity fee ($3,723), as recommended by the Water Services Commission. The tap is physical connection, the capacity fee pays for infrastructure.
Option 2:  The applicant is requesting that the Council waive both fees in reliance on the 1968 Council Meeting grant of sewer taps for this area.  Some neighbors were relieved of the fees several years ago, prior to adoption of current fees and policy for water/sewer connection of parcels outside City limits.

Background and History:

The Taylor parcel is located just outside of the City's corporate boundary and within the regulatory jurisdiction of Coconino County (see attached map).  Currently the parcel is vacant, but it is the property owners’ desire to construct a single family home on the lot.  It is anticipated that access will be taken from the south along W. Venus Drive, an unimproved road located within the County.
 
The City's Water Commission reviewed and unanimously approved a recommendation by City staff that this property be allowed to connect to the existing sewer main located on the City owned parcel directly to the south of the Taylor parcel. The approval of sewer service is contingent upon the approval of a pre-annexation agreement.

City water service is not requested at this time, due to infrastructure limitations.

Key Considerations:

City policy is to require annexation before providing services.  In cases where annexation is not currently possible, a pre-annexation agreement is recommended.  With the pre-annexation agreement, the City agrees to provide sewer services to the property prior to the property's annexation into the City.  When it becomes legally permissible, the City will require the property owner to take such action as is necessary to annex the property.

Community Involvement:

Connection to the City's sewer system will mitigate any impacts a new septic system might have on the Rio de Flag.

Expanded Options and Alternatives:

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

Attachments