| ITEM #: 9. DATE: 12/12/2022 AI #:1222 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | ANNEXATION OF LAND WITHIN A PARCEL AT THE SOUTHWEST CORNER OF W. LOWER BUCKEYE ROAD AND CITRUS ROAD |
| STAFF PRESENTER(S): | Steve Careccia, Planning Manager |
SUMMARY
A public hearing to discuss the annexation of 3,287 square feet of land located within a parcel of land at the southwest corner of Lower Buckeye Road and Citrus Road.
Recommendation
Pursuant to the requirements of A.R.S. 9-471 discuss the proposed annexation of 3,287 square feet of land located at the southwest corner of W. Lower Buckeye Road and Citrus Road. No additional Council action is required at this time. (Steve Careccia, Planning Manager)
FISCAL IMPACT
Annexation of land has a fiscal impact. A brief overview of anticipated public infrastructure and services impacts is included in the staff analysis section of this report.
BACKGROUND AND PREVIOUS ACTIONS
The land subject to this annexation is located within a parcel of land at the southeast corner of Lower Buckeye Road and Citrus Road being developed under the name Citrus Park. Pursuant to the title report submitted with this application, the land is currently owned by Arroyo Cap II-2, a Delaware limited liability company. All of the Citrus Park parcel is located within the boundaries of the City of Goodyear except for the 3,287 square feet of land subject to the proposed annexation (the “Annexation Area”).
Although not currently developed as a road, Maricopa County has an easement over the Annexation Area that was granted to the County in 1973 for roadway purposes (Docket 10342, Page 1425). When Citrus Park develops, the property owner will dedicate right-of-way needed for full half-street improvements for the sections of Lower Buckeye Road and Citrus Road adjacent to the Citrus Park Property, which will include the Annexation Area. The half-street improvements to Lower Buckeye Road and Citrus Road will be completed when Citrus Park develops.
The Annexation Area is designated as Neighborhoods on the General Plan Land Use and Transportation Map. This land use provides areas for the growth and development of residential neighborhoods with a wide range of densities, public and community facilities such as parks, schools and places of worship, and appropriate commercial uses.
Although not currently developed as a road, Maricopa County has an easement over the Annexation Area that was granted to the County in 1973 for roadway purposes (Docket 10342, Page 1425). When Citrus Park develops, the property owner will dedicate right-of-way needed for full half-street improvements for the sections of Lower Buckeye Road and Citrus Road adjacent to the Citrus Park Property, which will include the Annexation Area. The half-street improvements to Lower Buckeye Road and Citrus Road will be completed when Citrus Park develops.
The Annexation Area is designated as Neighborhoods on the General Plan Land Use and Transportation Map. This land use provides areas for the growth and development of residential neighborhoods with a wide range of densities, public and community facilities such as parks, schools and places of worship, and appropriate commercial uses.
STAFF ANALYSIS
Current Policy:
In accordance with Arizona State Statutes regarding annexation, the city of Goodyear has an annexation policy that was adopted with Resolution 2001-768. Below is a brief summary of the annexation process:
Details of the Request:
In accordance with the City’s annexation policy, the following actions have occurred:
The request is to annex 3,287 square feet of land generally located at the southwest corner of Citrus Road and Lower Buckeye Road within the Citrus Park Property.
The property is located within the city’s municipal planning area and is contiguous to the city. As such, this proposed annexation would meet State statutory requirements for contiguity.
The city’s Annexation Policy provides that staff evaluate annexation requests on the following criteria:
Streets: Both Citrus Road and Lower Buckeye Road are classified as arterials having 110 feet of full street right-of-way width. Other than this small remnant area within the County, the rights-of-way for Citrus Road and Lower Buckeye Road within this area are already located within the city of Goodyear. As such, annexation will permit the completion of roadway improvements in this area in accordance with city standards.
Public Safety: Once the land is annexed, the city will provide service and emergency response.
Water/Wastewater: There are no impacts since this land will be utilized for roadway purposes.
In accordance with Arizona State Statutes regarding annexation, the city of Goodyear has an annexation policy that was adopted with Resolution 2001-768. Below is a brief summary of the annexation process:
- Staff conducts a cursory review of the annexation proposal.
- Staff determines whether the proposed annexation area meets the state legal requirements for annexation as set forth in A.R.S. § 9-471.
- Staff has determined that the annexation area meets the state legal requirements for annexation pursuant to the provisions of A.R.S. §§ 9-471 (K) and (R).
- Assuming the proposed annexation meets the legal requirements for annexation, staff conducts a review of the annexation proposal to determine the desirability of the annexation, which include an impact analysis of the proposed annexation.
- Staff provides an impact analysis of the annexation proposal to City Council. The City Council will consider the proposal and make a determination on whether to authorize staff to proceed with the annexation.
- If authorization is not provided, then no further action on the annexation will be taken.
- If authorization is provided, staff will move forward with the state statutory requirements for annexation.
- After further staff review of the proposal, a blank petition containing the legal description and an accurate map of the annexation territory is filed with the County Recorder and notice and a copy of the filing shall be given to the clerk of the board of supervisors and to the county assessor. The description shall identify the entity, if any, that will be responsible for maintaining the existing rights-of-way and roadways that are within or contiguous to the exterior boundaries of the area of the proposed annexation.
- After the blank petition is filed, there is a 30-day waiting period. A public hearing must be held within the last 10 days of this 30-day waiting period to receive public input on the annexation.
- Once the 30-day waiting period is over, the blank petitions may be signed and collected.
- Once all petitions have been collected, the annexation may be scheduled for a City Council meeting for consideration.
Details of the Request:
In accordance with the City’s annexation policy, the following actions have occurred:
- On October 25, 2022, staff forwarded a legal description of the property and a map of the Annexation Area to the Maricopa County Assessor requesting a list of the owners of real and personal property and values of such property within area. The County Assessor responded that there were no tax parcels within the Annexation Area as it is within a roadway easement.
- On October 25, 2022, in coordination with the Arizona Department of Revenue, city staff submitted a legal description of the property and a map of the area to be annexed to the Arizona Department of Revenue, Property Valuation and Equalization Division, requesting a list of the owners of real and personal property and values of the real and personal property within the proposed Annexation Area. Staff has received the information from the Maricopa County Assessor and the Arizona Department of Revenue.
- On November 14, 2022, the Council authorized staff to initiate the statutory process for annexing the 3,287 square feet of land subject to this request. Given this authorization, the hearing on December 12, 2022, is the first of two public hearings required by the city’s annexation policy.
- On November 16, 2022, a blank (unsigned) petition containing the legal description and an accurate map of all exterior boundaries, including all County rights-of-way and roadways with no taxable value, of the territory proposed to be annexed was filed with the County Recorder of Maricopa County. The blank petition was accompanied by a sworn affidavit verifying that no part of the territory for which the filing is made is subject to an earlier filing for annexation. Pursuant to State law, there is a 30-day waiting period after the filing of the blank petition before petitions can be circulated for signature. The 30-day waiting period will end on December 16, 2022.
- With the filing of the blank petition, a public hearing must be held within the last 10 days of the 30-day waiting period to receive public input on the annexation. Notice of the public hearing must be published in a newspaper of general circulation at least six days prior to the hearing and at least fifteen days before the end of the 30-day waiting period. Notice of the public hearing being held on December 12, 2022, was published in Arizona Republic Southwest Valley Edition on November 25, 2022. On November 28, 2022, notice of the public hearing was also posted in three conspicuous places in the territory proposed to be annexed.
- On November 28, 2022, at least six days before the December 12, 2022 hearing, a notice of the public hearing along with an accurate map of the Annexation Area was mailed by first class mail to the County Board of Supervisors; to the County Assessor; and to the owner of real and personal property identified on the lists received from the Maricopa County Assessor and Arizona Department of Revenue.
The request is to annex 3,287 square feet of land generally located at the southwest corner of Citrus Road and Lower Buckeye Road within the Citrus Park Property.
The property is located within the city’s municipal planning area and is contiguous to the city. As such, this proposed annexation would meet State statutory requirements for contiguity.
The city’s Annexation Policy provides that staff evaluate annexation requests on the following criteria:
- The city’s ability to provide basic services in a timely manner;
- Long-term desirability for community development and economic growth;
- Likelihood of the area being developed in Maricopa County or being annexed by another city or town;
- Ability to control the quality of land uses and infrastructure standards; and,
- Compatibility with General Plan, infrastructure needs, and timing of development
Streets: Both Citrus Road and Lower Buckeye Road are classified as arterials having 110 feet of full street right-of-way width. Other than this small remnant area within the County, the rights-of-way for Citrus Road and Lower Buckeye Road within this area are already located within the city of Goodyear. As such, annexation will permit the completion of roadway improvements in this area in accordance with city standards.
Public Safety: Once the land is annexed, the city will provide service and emergency response.
Water/Wastewater: There are no impacts since this land will be utilized for roadway purposes.