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ITEM #: 11.
DATE: 09/09/2024

AI #:2220
CITY COUNCIL ACTION REPORT
 
SUBJECT: LIBERTY ELEMENTARY SCHOOL DISTRICT ANNEXATION
 
STAFF PRESENTER(S): Christian Williams, Planning Manager

OTHER PRESENTER(S):

Bob Young, Executive Director of Operations, Liberty Elementary School District No. 25/ Daniel Ox Auxier, EPS Group Inc.

SUMMARY

Authorization to initiate the annexation of approximately 16.25 acres of property, generally located at the northwest corner of S 183rd Avenue and W Lower Buckeye Road.

RECOMMENDATION

Authorize staff to initiate the annexation of approximately 16.25 acres of property, generally located at the northwest corner of S 183rd Avenue and W Lower Buckeye Road. (Christian Williams, Planning Manager)

FISCAL IMPACT

Annexation of land has a fiscal impact. A brief overview of anticipated public infrastructure and services impact is included in the staff analysis section of this Council Action Report. A detailed fiscal impact will be included in future City Council reports. There is no fiscal impact associated with authorizing the staff to proceed with the state statutory requirements for annexation. Authorizing the process to move forward does not commit the City Council to approve the annexation.

BACKGROUND AND PREVIOUS ACTIONS

This item has not been previously presented to Council. The application request is for the annexation of approximately 16.25 acres of property (the “Property”), generally located at the northwest corner of S 183rd Avenue and W Lower Buckeye Road. The Property abuts Pradera Phase 3 Parcel E (zoned R1-6) and Pradera Phase 3 Parcel F (zoned R1-4), to the east, within the city of Goodyear. The Property also abuts single-family homes (zoned RU-43) to the west, located within Maricopa County, a vacant farmed parcel to the north (zoned) also within Maricopa County. The approximately 16.25 annexation area encompasses two parcels: Parcel No. 502-42-006H and Parcel No. 502-42-006M. The Properties are owned by Mary M. Leister and Dwight B. Leister, Jr. (Parcel No. 502-42-006H) and Leister Agrienterprises, LLC (Parcel No. 502-42-006M) and are expected to be acquired by the Liberty Elementary School District (No. 25) for the construction of Liberty Elementary School No. 8 (their eighth elementary school).

STAFF ANALYSIS

Current Policy:
Arizona State Statue regulates annexation. Below is a brief summary of the annexation process:
  • 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).  
  • Assuming the proposed annexation area meets the state legal requirements for annexation, staff conducts a review of the annexation proposal to determine the desirability of the 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 (tonight’s meeting).
    • 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 before signatures can be obtained.
  • 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:
There is one application request for your consideration:
  • Annex approximately 16.25 acres of property, generally located at the northwest corner of S 183rd Avenue W Lower Buckeye Road.
The Property is generally located along W Lower Buckeye Road, east of S Perryville Road and is to be acquired by the Liberty Elementary School District for the construction of Liberty Elementary School No. 8.
If the annexation is ultimately approved by Council, the city could formally review Liberty Elementary School District’s site and constructions plans to build the elementary school.
The City’s General Plan designates the annexation area with a Neighborhood land use designation, which provides areas for residential neighborhoods and includes community facilities such as schools and places of worship. The existing County zoning for the annexation area is Rural-43 (RU-43). Upon annexation, the property would be designated the city equivalent zoning district of Agricultural (AG).
The property is located within the city’s municipal planning area and meets State statutory requirements for annexation.

City’s Annexation Policy
The Goodyear City Council adopted an annexation policy by Resolution 2001-768 that provides staff with guidelines for the evaluation of annexation requests:
A. The City’s ability to provide basic services in a timely manner
B. Long-term desirability for community development and economic growth
C. Likelihood of the area being developed in Maricopa County or being annexed by another city or town
D. Ability to control the quality of land uses and infrastructure standards
E. Compatibility with General Plan, infrastructure needs, and timing of development
As discussed above, the Property is expected to be acquired by the Liberty Elementary School District No. 25 for the construction of the Liberty Elementary School No. 8.

Streets: The Property is located adjacent to W Lower Buckeye Road and would need to be improved as an arterial street, with includes two lanes in each direction. The developer would be responsible for the construction of the Property’s half-street improvements including S 183rd Avenue.  

Public Safety: the property is located within an existing Police patrol beat and the current level of service within the beat can accommodate the development of the property. Fire services will be provided by Station 188, which is located approximately 2.2 miles away from the site and Station 184, located 3.8 miles northwest of the site.

Water/Wastewater: The Property is within the city’s service area per the Integrated Water Master Plan (IWMP). However, the city’s current water portfolio does not include water resources to serve the Property. If the annexation is authorized to proceed, staff and applicant will need to address and find a solution to the lack of water resources.  In addition, and although outside the city limits at the time, the Property was included in the West Goodyear Central Planning Area Master Water Study.  This study analyzed water and wastewater demands for properties that would be served by the water and wastewater lines that the consortium of owners of property in West Goodyear had identified as being needed to serve their respective properties.  The sizes of the water and wastewater lines proposed in the study were based on assumptions for the development of the properties that were to be served by the lines.  The sizing of the water and wastewater lines did not contemplate the water and wastewater demands from a school, the school will need to verify the capacity in the water and wastewater lines is sufficient for their development.  If the school moves forward with development, they will need to construct the required infrastructure needed for the city to provide water and wastewater services to the Property. 

This annexation request is compatible with the General Plan provided that the water resources issue is resolved, and the school constructs the water and wastewater infrastructure needed for the city provide services to the property, the annexation and any road improvements that will be required under the Engineering Design Standards and Polices to address the impacts of the school, the annexation will allow the city to ensure its infrastructure and services standards are met. The proposed annexation for the construction of an elementary school in the area supports “complete neighborhoods” that support the needs of the residents in the vicinity and the overall Goodyear community (General Plan Goal LC-4).

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