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ITEM #: 13.
DATE: 04/28/2025

AI #:2575
CITY COUNCIL ACTION REPORT
 
SUBJECT: SOUTH PERRYVILLE ROAD ANNEXATION, ADJACENT TO LA PRIVADA PARCEL 5
 
STAFF PRESENTER(S): Guadalupe Ortiz Cortez, Principal Planner

OTHER PRESENTER(S):

Rick Engineering

SUMMARY

Authorization to initiate the annexation of 0.978 acres of property along South Perryville Road, adjacent to La Privada Parcel 5.

STRATEGIC PLAN ALIGNMENT

 
       

RECOMMENDATION

Authorize staff to initiate the annexation of approximately 0.978 acres of property along South Perryville Road, adjacent to La Privada Parcel 5. (Guadalupe Ortiz Cortez, Principal 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 report. If the annexation process continues, 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 Property to be annexed into the City encompasses two pieces of land: an approximately 0.025-acre, 33 feet by 33 feet Property; and an approximately 0.0953, 33 feet by 1,258 feet Property, both totaling 0.978 acres (42,594 square feet). Both properties are part of the 33-foot-wide eastern section of Perryville Road adjacent to Parcel 5 of La Privada residential development.  Attachment A contains Legal Descriptions and Maps. The Property is to be developed as the eastern half of South Perryville Road to City standards.

La Privada subdivision was originally rezoned from AU (Agricultural Urban) to PAD (Planned Area Development), for a residential subdivision with R1-6 and R1-7 underlying zoning, with City Council adoption of Ordinance No. 2006-1014 on June 28, 2006. This zoning was modified in 2018 with City Council adoption of Ordinance No. 2018-1411 to include property with underlying R1-4 zoning. La Privada zoning was last modified by City Council adoption of Ordinance No. 2021-1505 on July 19, 2021. The 2021 zoning modified La Privada property to add the recently acquired former Paseo Place Parcel 1 property and added reduced R1-4 development standards to the PAD. The subject Property, Parcel 5, is the parcel furthest west in La Privada property and the only parcel adjacent to South Perryville Road.  Attachment B provides an aerial map of La Privada and the Annexation Property. This item has not been previously presented to Council.

STAFF ANALYSIS

Arizona State Statutes (A.R.S.) regulate 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 (S).  
  • 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 including two properties for your consideration:
  • Annex an approximately 0.025-acre property
  • Annex an approximately 0.0953-acre property
The Property that the annexation is requested for totals approximately 0.978-acres and is owned by Melcor Developments Arizona Inc., owner of La Privada residential subdivision properties. La Privada subdivision is being developed, and the property owners are required to complete full half-street improvements for the east half of S. Perryville Road adjacent to their respective property in Parcel 5.  Although privately owned, the assessor’s map reflects the property as being a county-maintained road.  Accordingly, to allow the half-street improvements to S. Perryville Road to be constructed pursuant to the city’s standards, the property owner is seeking to have the remainder of their respective property annexed into the City. 

The City’s General Plan designates this area as Neighborhoods. The existing County zoning for both properties is Rural-43 (RU-43). Upon annexation, the property would be designated the city-equivalent zoning district of Agricultural Urban (AU), but would be later dedicated as City public right-of-way.  

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

In this case, the annexation involves the annexation of property that will be dedicated to the city as right-of-way for the east half of S. Perryville Road (The right-of-way is to be recorded with Final Plat for La Privada Phase 1 Parcel 2, E23-02623; La Privada Parcel 5 is to be platted with Final Plat E23-03054) and will be improved by the adjacent property owner to meet city standards as part of the development of La Privada. 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 east-half of S. Perryville Road adjacent to La Privada. It is not likely that Maricopa County will improve this stretch of S. Perryville Road between W. Yuma Road and W. Van Buren Street nor is it likely that the City of Buckeye, which has annexed to the western boundary of S. Perryville Road, will either annex past the center line of S. Perryville Road or develop the east half of S. Perryville Road.  This annexation will allow the city to ensure its infrastructure standards are met, and is compatible with the City's General Plan, the city’s infrastructure needs, and the timing of development as the improvements to S. Perryville Road will support the development of La Privada residential subdivision. 

Attachments