| ITEM #: 12. DATE: 04/28/2025 AI #:2614 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | ANNEXATION NEAR PERRYVILLE AND YUMA ROADS |
| STAFF PRESENTER(S): | Guadalupe Ortiz Cortez, Principal Planner |
OTHER PRESENTER(S):
Susan E. Demmitt, Gammage & Burnham PLC
SUMMARY
Authorization to initiate the annexation of approximately 31.4 acres of property, generally located 650-feet east of the northeast corner of South Perryville Road and West Yuma Road.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Authorize staff to initiate the annexation of approximately 31.4 acres of property, generally located 650-feet east of the northeast corner of South Perryville Road and West Yuma Road. (Guadalupe Ortiz Cortez, Principal Planner)
FISCAL IMPACT
Annexation of land has a fiscal impact. A brief overview of the anticipated public infrastructure and services impact is included in the staff analysis section of this CAR. 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 31.4 acres of property (the “Property”), generally located 650-feet east of the northeast corner of South Perryville Road and West Yuma Road. The Property abuts a trailer park within Maricopa County (zoned RU-43) to the west, the future La Privada residential subdivision to the north, within the city of Goodyear, and Paseo Place residential subdivision to the east, also within the city of Goodyear. To the south is Yuma Road and across it, the future Las Ventanas residential subdivision, within the city of Goodyear. An aerial photo of the property and vicinity can be found in Attachment A. The approximately 31.4-acre area encompasses three parcels: Parcel No. 502-40-268 owned by the Treguboff Family Trust and in the care of Fred and Patsy Darlene Treguboff, Parcel No. 502-40-267 owned by Arizona Public Service Company, and Parcel No. 502-40-280 owned by Michael A. and Joan D. Treguboff. The Annexation Map and Legal Description can be found in Attachment B. The largest parcel, Parcel No. 502-40-268 is expected to be acquired by Dominium, Inc. (Dominium), a development company focused on developing workforce housing communities, for the construction of a multifamily residential community. The applicant has submitted a concurrent application for this parcel, Parcel No. 502-40-268, to request a zoning change from the zoning designation the property would receive if annexed, AU (Agricultural Urban), to the multifamily residential R1-A zoning. The rezone application will be presented to the City Council at a later date.
STAFF ANALYSIS
Current Policy:
Arizona State Statue regulates annexation. Below is a brief summary of the annexation process:
There is one application request for your consideration:
The Property is located within the city’s municipal planning area and meets State statutory requirements for annexation.
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 Urban (AU).
If the annexation is ultimately approved by Council, the applicant could continue with their application to rezone approximately 26.76-acres to R1-A.
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:
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 1.5 miles away from the site, and Station 184, located 3.2 miles west of the site.
Water/Wastewater: Although the Property is within the city’s planning area in the Integrated Water Master Plan (IWMP), it is not in the City’s service area, and the plans for this area did not include high-density residential development, as is being proposed in the re-zoning request nor does the IWMP commit water outside the boundaries of the City’s service area. Moreover, the city’s water supply in its current Designation of Assured Water Supply (“DAWS”) has been fully committed. Although the City has submitted an application to renew its DAWS, until the DAWS has been renewed, water services’ staff has expressed concern that approval of annexations may cause ADWR to step in to prohibit continued platting within the city.
The applicant has been informed that it will need to provide a water supply. The applicant is proposing to acquire Long Term Storage Credits (“LTSCs”) from Gila River Water Storage (“GRWS”) that could be delivered through the city’s existing delivery agreements. If City Council authorizes staff to proceed with the annexation, staff will work with the applicant on a Pre-Annexation Development Agreement to ensure the applicant secures and provides the City the water resources necessary to serve the property before the annexation occurs.
The pre-annexation agreement will condition the annexation on the provision of the water supply having been acquired and committed to the City upon annexation before the annexation ordinance is adopted. That way the City is assured the water supply exists before bringing the Property into the City limits because once the annexation ordinance is adopted, it becomes final 30 days later unless an objection is filed. The pre-annexation agreement will also require the Owner to pay the costs of amending the City’s DAWS to incorporate the water supply if the director of Water Services determines the amendment is required. The pre-annexation agreement will also include requirements regarding the construction of on-site and off-site infrastructure improvements that will be needed to serve the Property if the Property is annexed into the City. 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 and the planning assumptions did not contemplate the densities being proposed by the applicant. The Property owner will need to construct the required infrastructure needed for the city to provide water and wastewater services to the Property.
STAFF FINDINGS
The annexation request is compatible with the General Plan provided that the water resources are provided as proposed, the developer constructs the water and wastewater infrastructure needed for the city provide services to the property, and any road improvements that will be required under the Engineering Design Standards and Polices to address the impacts of the development. The proposed annexation for the construction of a multifamily community in the area supports “complete neighborhoods” that support the needs of the residents, including a range of housing options, in the vicinity and the overall Goodyear community (General Plan Goal LC-4).
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.
There is one application request for your consideration:
- Annex approximately 31.4 acres of property, generally located 650-feet east of the northeast corner of South Perryville Road and West Yuma Road.
The Property is located within the city’s municipal planning area and meets State statutory requirements for annexation.
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 Urban (AU).
If the annexation is ultimately approved by Council, the applicant could continue with their application to rezone approximately 26.76-acres to R1-A.
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, which under state law requires the city to “have approved a plan, policy or procedure to provide the annexed territory with appropriate levels of infrastructure and services to serve anticipated development within ten years after the date the annexation becomes final (see A.R.S. § 9-471 (P)).
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
Streets: The Property is located adjacent to S. Perryville Road to the west, a planned major arterial, within Maricopa County Department of Transportation (MCDOT) jurisdiction. The developer would be responsible in working with MCDOT to coordinate S Perryville improvements. The property is also located adjacent to W. Yuma Road to the south, a planned scenic arterial within city of Goodyear jurisdiction. The developer would be responsible for the construction of the Property’s half-street improvements for W. Yuma Road. Additionally, staff will work to identify any regional road improvements warranted for the future development of the Dominium site and consider these improvements as part of Pre-Annexation Development Agreement. The annexation proposal does not include the hard corner of S Perryville Road and W Yuma Road. Thus, improvements for the intersection, including providing a traffic signal, may present challenges to work through. There could be benefit to including the hard corner in the annexation area, which will be further explored if Council authorizes the annexation to move forward. 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
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 1.5 miles away from the site, and Station 184, located 3.2 miles west of the site.
Water/Wastewater: Although the Property is within the city’s planning area in the Integrated Water Master Plan (IWMP), it is not in the City’s service area, and the plans for this area did not include high-density residential development, as is being proposed in the re-zoning request nor does the IWMP commit water outside the boundaries of the City’s service area. Moreover, the city’s water supply in its current Designation of Assured Water Supply (“DAWS”) has been fully committed. Although the City has submitted an application to renew its DAWS, until the DAWS has been renewed, water services’ staff has expressed concern that approval of annexations may cause ADWR to step in to prohibit continued platting within the city.
The applicant has been informed that it will need to provide a water supply. The applicant is proposing to acquire Long Term Storage Credits (“LTSCs”) from Gila River Water Storage (“GRWS”) that could be delivered through the city’s existing delivery agreements. If City Council authorizes staff to proceed with the annexation, staff will work with the applicant on a Pre-Annexation Development Agreement to ensure the applicant secures and provides the City the water resources necessary to serve the property before the annexation occurs.
The pre-annexation agreement will condition the annexation on the provision of the water supply having been acquired and committed to the City upon annexation before the annexation ordinance is adopted. That way the City is assured the water supply exists before bringing the Property into the City limits because once the annexation ordinance is adopted, it becomes final 30 days later unless an objection is filed. The pre-annexation agreement will also require the Owner to pay the costs of amending the City’s DAWS to incorporate the water supply if the director of Water Services determines the amendment is required. The pre-annexation agreement will also include requirements regarding the construction of on-site and off-site infrastructure improvements that will be needed to serve the Property if the Property is annexed into the City. 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 and the planning assumptions did not contemplate the densities being proposed by the applicant. The Property owner will need to construct the required infrastructure needed for the city to provide water and wastewater services to the Property.
STAFF FINDINGS
The annexation request is compatible with the General Plan provided that the water resources are provided as proposed, the developer constructs the water and wastewater infrastructure needed for the city provide services to the property, and any road improvements that will be required under the Engineering Design Standards and Polices to address the impacts of the development. The proposed annexation for the construction of a multifamily community in the area supports “complete neighborhoods” that support the needs of the residents, including a range of housing options, in the vicinity and the overall Goodyear community (General Plan Goal LC-4).