15.D.
City Council Meeting - FINAL
- Meeting Date:
- 11/19/2013
- From:
- Neil Gullickson, Planning Development Manager
Information
TITLE:
Consideration and Adoption of Resolution No. 2013-29: A resolution approving a Pre-Annexation Agreement between the Grand Canyon Trust and the City of Flagstaff, Arizona, opening the opportunity for a connection to the City sewer system.
RECOMMENDED ACTION:
1) Read Resolution No. 2013-29 by title only
2) City Clerk reads Resolution No. 2013-29 by title only (if approved above)
3) Adopt Resolution No. 2013-29
2) City Clerk reads Resolution No. 2013-29 by title only (if approved above)
3) Adopt Resolution No. 2013-29
Policy Decision or Reason for Action:
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.
Financial Impact:
No impacts are anticipated.
Connection to Council Goal:
1. Retain, expand, and diversify economic base
2. Effective governance
2. Effective governance
Has There Been Previous Council Decision on This:
None for this application. The Council at their September 7, 2010 meeting approved Resolution No. 2010-55 approving a pre-annexation agreement between Plateau Partners Group and the City. This agreement allowed sewer connection to the site that was once Northland Publishing located across Fort Valley Road from the Grand Canyon Trust Property. (This pre-annexation will also allow the Trust to connect to the City's sewer system.)
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.
Background/History:
The Grand Canyon Trust's facility is located at 2601 North Fort Valley Road, just outside of the City's corporate boundary and within the regulatory jurisdiction of Coconino County (see attached map). Currently two structures are located on the site, including a recently constructed building which is used for their volunteer program. This building includes a kitchen for the preparation of food for field trips. The trust has signed an agreement with Coconino County which prohibits the installation of sinks in the new kitchen until additional sewer capacity is demonstrated.
The attached letter from the applicant indicates the Trust's desire to hook into the City's sewer system and abandon the use of the septic system.
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 in Fort Valley Road and that the approval is contingent upon the approval of a pre-annexation agreement.
The site is located adjacent to Fort Valley Road; under Fort Valley Road the City owns and maintains an 8-inch sewer main.This portion of Fort Valley Road is currently owned and maintained by ADOT. Previous to this time, ADOT has been reluctant to allow cutting of the pavement and trenching within their ROW. ADOT has scheduled, for next spring, a pavement preservation and overlay for this section of Fort Valley Road. ADOT has indicated to City staff that if sewer taps are needed, the physical construction (pavement cuts and trenching) must take place before it begins its maintenance program.
Late in 2012, City staff received a conceptual annexation application that included this and several other properties adjacent to the Trust property. As part of the review, it was discovered that all but one critical property owner was willing to participate in the annexation. Staff understands that the recent death of the property owner has left the estate in a "make no change" position. As such, that application has not moved forward though staff understands that the other property owners continue to be interested in annexation if/when annexation can be supported.
The attached letter from the applicant indicates the Trust's desire to hook into the City's sewer system and abandon the use of the septic system.
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 in Fort Valley Road and that the approval is contingent upon the approval of a pre-annexation agreement.
The site is located adjacent to Fort Valley Road; under Fort Valley Road the City owns and maintains an 8-inch sewer main.This portion of Fort Valley Road is currently owned and maintained by ADOT. Previous to this time, ADOT has been reluctant to allow cutting of the pavement and trenching within their ROW. ADOT has scheduled, for next spring, a pavement preservation and overlay for this section of Fort Valley Road. ADOT has indicated to City staff that if sewer taps are needed, the physical construction (pavement cuts and trenching) must take place before it begins its maintenance program.
Late in 2012, City staff received a conceptual annexation application that included this and several other properties adjacent to the Trust property. As part of the review, it was discovered that all but one critical property owner was willing to participate in the annexation. Staff understands that the recent death of the property owner has left the estate in a "make no change" position. As such, that application has not moved forward though staff understands that the other property owners continue to be interested in annexation if/when annexation can be supported.
Key Considerations:
The existing development requires sewer 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. The site is currently served by City water and has been for a number of years. 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 take such action as is necessary to annex the property. The proposed agreement also requires the owner to abandon the existing septic system after connection to the City's sewer system.
Community Benefits and Considerations:
Connection to the City's sewer system will mitigate any impacts the existing or an expanded septic system might have on the Rio de Flag.
Community Involvement:
None. A pre-annexation agreement does not require public or neighborhood notification.