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ITEM #: 7.
DATE: 07/08/2024
AI #:2147
CITY COUNCIL ACTION REPORT
 
SUBJECT: LITCHFIELD ROAD ANNEXATIONS, SOUTH OF W LOWER BUCKEYE ROAD (SDC I AND II)
 
STAFF PRESENTER(S): Guadalupe Ortiz Cortez, Senior Planner

OTHER PRESENTER(S):

Andrew Yancy, Bergin, Frakes, Smalley & Oberhotzer, PLLC

SUMMARY

Authorization to initiate the annexation of 0.558 acres of property along Litchfield Road south of West Lower Buckeye Road, which is part of the Stream Data Center (SDC) I Property, and authorization to initiate annexation of 3.342 acres of property along Litchfield Road, which is part of the Stream Data Center (SDC) II Property south of West Lower Buckeye Road.

STRATEGIC PLAN ALIGNMENT

   

RECOMMENDATION

Authorize staff to initiate the annexation of approximately 0.558 acres of property along Litchfield Road south of West Lower Buckeye Road and 3.342 acres of property along Litchfield Road south of West Lower Buckeye Road. (Guadalupe Ortiz Cortez, 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

This item has not been previously presented to Council. The property to be annexed into the City abuts two parcels on the west side of S. Litchfield Road.  The first parcel is adjacent to the southwest corner of W. Lower Buckeye Road and S. Litchfield Road, and is part of the Stream Data Center (SDC) I Property.  The SDC I Property was zoned I-1 (Light Industrial) by Ordinance No. 2006-0997 adopted by Council on March 6, 2006. The second parcel is adjacent to the west side of S. Litchfield Road between the southern boundary of the SDC I Property and W. Broadway Road, and is part of the Stream Data Center (SDC) II Property.  The SDC II Property was zoned I-1 (Light Industrial) with a PAD Overlay by Ordinance No. 2023-1574 adopted by Council on July 10, 2023. The SDC I Property and the SDC II Property are being developed as the Stream Data Center Campus.

STAFF ANALYSIS

Current Policy:
Arizona State Statutes (A.R.S.) 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.
  • 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.
  • 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 proposed annexation, 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 are two application requests for your consideration:
  • Annex approximately 0.558 acres of property adjacent to the eastern boundary of the SDC I Property
  • Annex approximately 3.342 acres of property adjacent to the eastern boundary of the SDC II Property
The portion of the property adjacent to the SDC I Property that is being annexed, approximately 0.558 acres, is owned by SDC I property owner.  The portion of the property adjacent to the SDC II Property, approximately 3.348 acres, is owned by the SDC II property owner.  The SDC I Property and the SDC II Property are being developed and the property owners are required to complete full half-street improvements for the west half of S. Litchfield Road adjacent to their respective properties.  Although privately owned, the assessor’s map reflects the property as being county right-of-way.  Accordingly, to allow the half-street improvements to S. Litchfield Road to be constructed pursuant to the city’s standards, the two property owners are seeking to have the remainder of their respective properties annexed into the City. 

The City’s General Plan designates this area as Industrial. The existing County zoning for both properties is Rural-190 (RU-190). 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 staff has reviewed the proposal for the annexations and has determined that the annexation areas meets the state legal requirements for annexation pursuant to the provisions of A.R.S. § 9-471. 

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; and
E. Compatibility with General Plan, infrastructure needs, and timing of development
 
In this case, the annexation involves the annexation of property that will be dedicated to the city as right-of-way for the west half of S. Litchfield Road and will be improved by the adjacent property owners to meet city standards as part of the development of the Stream Data Center Campus. The proposed annexation will not result in any increase in service requirements on the part of the City other than additional maintenance responsibilities for road improvements for the west-half of S. Litchfield Road between W. Lower Buckeye Road and W. Broadway Road.  The existing improvements to S. Litchfield Road end at W. Broadway Road.  It is not likely that Maricopa County will improve S. Litchfield Road between W. Lower Buckeye Road and W. Broadway Road nor is it likely that Avondale, which has annexed to the eastern boundary of S. Litchfield Road south of W. Lower Buckeye will either annex past the center line of S. Litchfield Road or develop the west half of S. Litchfield Road.  This annexation will allow the city to ensure its infrastructure standards are met, and it is compatible with the Geneal Plan, the city’s infrastructure needs, and the timing of development as the improvements to S. Litchfield Road will support the development of the Stream Data Center Campus. 

Attachments