| AGENDA ITEM #: 9. DATE: 07/12/2021 AI #:339 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | LAKIN PARK MULTIFAMILY ANNEXATION |
| STAFF PRESENTER(S): | Alex Lestinsky, Senior Planner |
SUMMARY
Public hearing to discuss proposed annexation of 2.8 acres of land adjacent to the property to be developed as Lakin Park generally located west of the southwest corner of MC-85 and Cotton Lane.
Recommendation
Conduct a public hearing pursuant to the requirements of A.R.S. 9-471 to discuss the proposed annexation of 2.8 acres of land generally located west of the southwest corner of MC-85 and Cotton Lane, to be included in the Lakin Park development area. No additional Council action required at this time. (Alex Lestinsky, Senior Planner)
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 CAR. 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
The City received a request from Quantum Holdings 4, LLC, to annex into the City of Goodyear 2.8 acres of land generally located west of the southwest corner of MC-85 and Cotton Lane. The 2.8 acres is part of a 4.8-acre parcel (APN 502-49-017E) owned by Quantum Holdings 4 LLC, which also owns property adjacent to the western boundary of the 4.8 acre parcel. The 2.8 acres of Property is located within the City of Goodyear’s municipal planning area and is contiguous to its existing city limits. The property owner will be seeking to rezone the 2.8 acres to incorporate it into the Lakin Park Planned Area Development zoning district, which was adopted by Council on October 28, 2019, by Ordinance 2019-1451
Arizona State Law imposes procedures and criteria for extending the corporate boundaries of a city. Pursuant to Resolution 2001 the Goodyear City Council adopted Resolution 2001-768 adopting an annexation policy that required council approval prior to the initiation of the annexation process under state law. The annexation policy included criteria to be used in the evaluation of such requests. On May 24, 2021, the Goodyear City Council approved a request to authorize staff to initiate the statutory process for annexing the 2.8 acres of land generally located west of the southwest corner of MC-85 and Cotton Lane.
On June 10, 2021, staff forwarded a legal description of the property and a map of the area to be annexed to the Maricopa County Assessor requesting a list of the owners of real and personal property and values of such property within the annexation area. On June 11, 2021, in coordination with the Arizona Department of Revenue staff, 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 lists from the Maricopa County Assessor and the Arizona Department of Revenue with the requested information.
On June 17, 2021, staff filed a blank (unsigned) petition continuing 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 with the County Recorder of Maricopa County. The blank petition was accompanied by a sworn affidavit of the petitioner verifying that no part of the territory for which the filing is made is subject to an earlier filing for annexation. There is a 30-day waiting period after the filing of the bank petition before petitions can be circulated for signature.
A public hearing must be held within the last 10 days of this 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 July 12, 2021 was published in Arizona Republic Southwest Valley Edition on July 2, 2021. Notices of the public hearing were also posted in three conspicuous places in the territory proposed to be annexed at least six days before the July 12, 2021 hearing. On June 24, 2021, at least six days before the July 12, 2021 hearing, a notice of the public hearing was mailed by first class mail to the Chairman of the County Board of Supervisors, and on June 24, 2021, at least six days before the July 12, 2021 hearing, notice of the public hearing, along with an accurate map of the proposed annexation area was mailed by first class mail to each owner of real and personal property identified on the lists received from the Maricopa County Assessor and Arizona Department of Revenue.
After the public hearing and after the end of the thirty-day waiting period, blank petitions may be circulated for signature. After all signatures required for annexation have been collected, the original of the signed petition(s) must be filed with the Maricopa County Recorder. After the signed petitions are filed with the Maricopa County Recorder, the City Council will be asked to adopt an ordinance annexing the 2.8 acres into the boundaries of the City of Goodyear. No alteration increasing or reducing the territory sought to be annexed may be made. If adopted, the annexation ordinance will not become final until thirty days after its adoption.
Arizona State Law imposes procedures and criteria for extending the corporate boundaries of a city. Pursuant to Resolution 2001 the Goodyear City Council adopted Resolution 2001-768 adopting an annexation policy that required council approval prior to the initiation of the annexation process under state law. The annexation policy included criteria to be used in the evaluation of such requests. On May 24, 2021, the Goodyear City Council approved a request to authorize staff to initiate the statutory process for annexing the 2.8 acres of land generally located west of the southwest corner of MC-85 and Cotton Lane.
On June 10, 2021, staff forwarded a legal description of the property and a map of the area to be annexed to the Maricopa County Assessor requesting a list of the owners of real and personal property and values of such property within the annexation area. On June 11, 2021, in coordination with the Arizona Department of Revenue staff, 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 lists from the Maricopa County Assessor and the Arizona Department of Revenue with the requested information.
On June 17, 2021, staff filed a blank (unsigned) petition continuing 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 with the County Recorder of Maricopa County. The blank petition was accompanied by a sworn affidavit of the petitioner verifying that no part of the territory for which the filing is made is subject to an earlier filing for annexation. There is a 30-day waiting period after the filing of the bank petition before petitions can be circulated for signature.
A public hearing must be held within the last 10 days of this 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 July 12, 2021 was published in Arizona Republic Southwest Valley Edition on July 2, 2021. Notices of the public hearing were also posted in three conspicuous places in the territory proposed to be annexed at least six days before the July 12, 2021 hearing. On June 24, 2021, at least six days before the July 12, 2021 hearing, a notice of the public hearing was mailed by first class mail to the Chairman of the County Board of Supervisors, and on June 24, 2021, at least six days before the July 12, 2021 hearing, notice of the public hearing, along with an accurate map of the proposed annexation area was mailed by first class mail to each owner of real and personal property identified on the lists received from the Maricopa County Assessor and Arizona Department of Revenue.
After the public hearing and after the end of the thirty-day waiting period, blank petitions may be circulated for signature. After all signatures required for annexation have been collected, the original of the signed petition(s) must be filed with the Maricopa County Recorder. After the signed petitions are filed with the Maricopa County Recorder, the City Council will be asked to adopt an ordinance annexing the 2.8 acres into the boundaries of the City of Goodyear. No alteration increasing or reducing the territory sought to be annexed may be made. If adopted, the annexation ordinance will not become final until thirty days after its adoption.
STAFF ANALYSIS
The request is to annex 2.8 acres of land generally located west of the southwest corner of MC-85 and Cotton Lane. The entire 4.8-acre parcel (APN 502-49-017E) is currently owned by Quantum Holdings 4 LLC, which also owns the property to the west. A portion of the parcel is already within the city’s limits, leaving the 2.8 acres remaining to be annexed.
The City’s General Plan designates this area as Business & Commerce. The existing County zoning for this property is Rural-43 (RU-43). Upon annexation, the property would be designated the equivalent zoning district which is Agricultural/Urban (AU). The city has received a request to rezone this property to multifamily within the existing Lakin Park PAD, which will be done by a separate action.
The property is located within the city’s municipal planning area and is contiguous to the city. Thus, this proposed annexation would meet State statutory requirements for contiguity.
The City’s Annexation Policy, adopted in 2001, provides that staff evaluate annexation requests on the following criteria:
The current proposed SR-30 alignment does not include any of the 2.8 acres and will not interfere with the future development of the property.
Streets: the property has direct access to MC-85. MC-85 is not being annexed into the city and will not be maintained by the city.
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 would be provided by Station 185, approximately 4.2 miles away and Station 184/181 approximately 7.25 miles away.
Water/Wastewater: Upon annexation, the property would be served by the City of Goodyear. The property is already included in the city’s Integrated Water Master Plan (IWMP).
The City’s General Plan designates this area as Business & Commerce. The existing County zoning for this property is Rural-43 (RU-43). Upon annexation, the property would be designated the equivalent zoning district which is Agricultural/Urban (AU). The city has received a request to rezone this property to multifamily within the existing Lakin Park PAD, which will be done by a separate action.
The property is located within the city’s municipal planning area and is contiguous to the city. Thus, this proposed annexation would meet State statutory requirements for contiguity.
The City’s Annexation Policy, adopted in 2001, 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
- Compatibility with General Plan, infrastructure needs, and timing of development
The current proposed SR-30 alignment does not include any of the 2.8 acres and will not interfere with the future development of the property.
Streets: the property has direct access to MC-85. MC-85 is not being annexed into the city and will not be maintained by the city.
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 would be provided by Station 185, approximately 4.2 miles away and Station 184/181 approximately 7.25 miles away.
Water/Wastewater: Upon annexation, the property would be served by the City of Goodyear. The property is already included in the city’s Integrated Water Master Plan (IWMP).