This is a public hearing to consider the annexation of approximately 4.92 acres of property, generally located on the south side of West McDowell Road, just west of the 183rd Drive alignment.

 

ADOPT ORDINANCE NO. 2025-1632 EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GOODYEAR, MARICOPA COUNTY, STATE OF ARIZONA BY ANNEXING APPROXIMATELY 4.92 ACRES OF PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF WEST MCDOWELL ROAD, JUST WEST OF THE 183RD DRIVE ALIGNMENT. (Justin Gabrielson, Senior Planner)

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.

The application request is for the annexation of approximately 4.92 acres of property generally located on the south side of West McDowell Road, just west of the 183rd Drive alignment (502-37-064M) (the “Annexation Property”) (See Attachment B).  This item was previously seen by City Council on October 7, 2024, when staff was given authorization by City Council to start the Annexation Process, and on February 10, 2025, when City Council held a public hearing to consider annexation of the Annexation Property.  No one from the public spoke on this annexation.  

The Annexation Property is located within a county island that is surrounded by property within the City of Goodyear.  Penske Truck Leasing Co. LP (“Penske”) acquired the Annexation Property in March 2023. The property to the south of the Annexation Property is owned by the Arizona Department of Transportation, which is within Goodyear City Limits. The property to the north of the Annexation Property is owned by the Arizona State Trust Land and is the site of Perryville Prison, which is within Goodyear City Limits. The property to the east of the Annexation Property is owned by Penske, which is within Goodyear City Limits and is zoned I-2 (the “Penske Property”).  The Penske Property is actively being developed. The property to the west of the Annexation Property is located within Maricopa County and is being utilized for industrial uses.

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.
  • The Annexation Property is located within the city's municipal planning area and 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) and (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, the annexation application will be denied, and no further action on the annexation will be taken.
  • If authorization is provided, staff will move forward with processing the annexation application. 
• City Council considered the proposal on October 7, 2024, and authorized staff to move forward with processing the annexation application.
• 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.  The first of two public hearings must be held within the last 10 days of this 30-day waiting period to receive public input on the annexation.  Notices of the public hearing must be: (i) published in a newspaper of general circulation at least fifteen days before the end of the 30-day waiting period and six (6) days before the public hearing; (ii) be posted in at least three conspicuous public places in the area being annexed at least six (6) days before the public hearing; (iii) sent by first class mail to the chairperson of the board of supervisors of the county in which The Annexation Property being annexed is located at least six (6) days before the public hearing; (iv) sent by first class mail, with an accurate map of The Annexation Property being annexed to each owner of the real and personal property as shown on the statement provided by the county assessor and department of revenue at least six (6) days before the public hearing.
  • The public hearing being held on February 10, 2025, is the first of the two public hearings required for annexation, and it is being held within the last ten (10) days of the 30-day waiting period.  Notices of the public hearing being held on February 10, 2025, for the annexation was published in the Arizona Republic West Valley Edition on January 24, 2025, which is at least fifteen days before the end of the 30-day waiting period and at least six (6) days before the public hearing. On January 24, 2025, notices of the public hearings were also posted in three conspicuous places in each of the properties proposed to be annexed, which is at least six (6) days before the public hearing.  On January 17, 2025, notices of the public hearing along with an accurate map of the Annexation Area for each of the proposed annexations was emailed to the County Board of Supervisors; to the County Assessor; and to the owners of real and personal property identified on the lists received from the Maricopa County Assessor and Arizona Department of Revenue, which is at least six (6) days before the public hearing.
• After the first public hearing and after the 30-day waiting period is over, the blank petition may be signed and collected. 
• Once signatures have been collected on the blank petition, an annexation ordinance is prepared, and a second public hearing is held for Council’s consideration of the Ordinance.  If approved by Council, the signed petitions and required affidavits will be filed with the Maricopa County Recorder and a copy of the Annexation Ordinance is submitted to the Clerk of the Board of Supervisors for Maricopa County.

NEXT STEPS
Ordinance 2025-1632 will be recorded after May 28, 2025 (30 days after the final public hearing).

Details of the Request:
As set forth above, the City Council has been asked to annex approximately 4.92 acres generally located on the south side of West McDowell Road, just west of the 183rd Drive alignment, which is needed to expand the Penske Truck Leasing site to provide space for the storage of trucks.  City Council is being asked to complete the annexation process by holding the final public hearing required before the adoption of annexation ordinances and to adopt the annexation ordinance that annexes the Annexation Property. The Annexation Property is desired, by Penske, for the expansion of the Penske Operations.  Although the City’s General Plan designates this area as Neighborhoods, the existing County zoning for the Annexation Property is Light Industrial (IND-2). Accordingly, if the City Council approves the annexation, the Annexation Property would be designated the city's equivalent zoning district of General Industrial Park (I-2).
The Annexation Property is located within the city’s municipal planning area and meets State statutory requirements for annexation.
If adopted, and assuming there are no challenges to the adoption, the annexation ordinance(s) will become final within 30 days of adoption.
Prior to these public hearings, in accordance with the City’s annexation policy and state law, the following actions have occurred:

• On October 7, 2024, City Council voted to authorize staff to initiate the annexation of approximately 4.92 acres of property generally located on the south side of West McDowell Road, just west of the 183rd Drive alignment (502-37-064M).
• On November 18, 2024, staff forwarded a legal description of the properties to be annexed and a map of the Annexation Area to the Maricopa County Assessor and the Arizona Department of Revenue, Property Valuation and Equalization Division (“ADOR”) requesting a list of the owners of the property to be annexed and the appraisal and assessment of the property being annexed.
• On December 9, 2024, after requesting the necessary information from the Maricopa County Assessor and ADOR, a blank (unsigned) petition containing 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 was filed with the County Recorder of Maricopa County. The blank petition was accompanied by a sworn affidavit verifying that no part of the territory for which the filing is made is subject to an earlier filing for annexation.
• On February 10, 2025, City Council held a Public Hearing to discuss and take public input on the proposed annexations.
  • Notices of the public hearing being held on February 10, 2025, for the annexation was published in the Arizona Republic West Valley Edition on January 24, 2025, which is at least fifteen days before the end of the 30-day waiting period and at least six (6) days before the public hearing. On January 24, 2025, notices of the public hearings were also posted in three conspicuous places in each of the properties proposed to be annexed, which is at least six (6) days before the public hearing.  On January 17, 2025, notices of the public hearing along with an accurate map of the Annexation Area for each of the proposed annexations was mailed by first class mail to the County Board of Supervisors; to the County Assessor; and to the owner of real and personal property identified on the lists received from the Maricopa County Assessor and Arizona Department of Revenue, which is at least six (6) days before the public hearing.
  • No public comment was received in regard to the annexation at the February 10, 2025, public hearings.
• After the February 10, 2025, hearings and the expiration of the 30-day waiting period, the blank petitions were circulated by the applicant for signatures. As part of the annexation process, the petition must be signed by the property owners who own at least 50% of the value of the property and by at least 51% of the owners of the property being annexed. With regard to the proposed Penske annexation, the Annexation Property is owned by a single entity (Penske Truck Leasing Co. LP), and the appropriate signature was received.
• Having collected the required signatures on the blank petitions, Annexation Ordinance No. 2025-1632 (See Attachment A) has been prepared and is being presented for City Council’s consideration.

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: As discussed above, the Annexation Property was acquired by Penske for the development of a parking lot to support its truck leasing operations being developed on the Penske Leasing Property.  
Streets: the Annexation Property is located on the south side of West McDowell Road. The developer would be responsible for the construction of the Annexation Property’s half-street improvements.
Public Safety: the Annexation Property is located within an existing Police patrol beat and the current level of service within the beat can accommodate the development of the Annexation Property. Fire services will be provided by Station 188, which is located approximately 2.23 miles away from the site and Station 185 located 5.38 miles northwest of the site.
Water: the Annexation Property is within the service area of Arizona Water Company. Therefore, there is no impact on the city’s water portfolio or any infrastructure needed to provide water service to the Annexation Property. 
Wastewater: the Annexation Property is located within the city’s wastewater service area, and the city will be providing wastewater service to The Annexation Property. There is an existing trunk line located within West McDowell Road that should have capacity sufficient to meet the wastewater flows that will be generated by the development of The Annexation Property.  If the existing trunk line cannot accommodate wastewater flows from The Annexation Property, The Annexation Property owner will be required to install any additional improvements needed for the city to provide wastewater to The Annexation Property.
Wastewater: the Annexation Property is located within the city’s wastewater service area, and the city will be providing wastewater service to The Annexation Property. There is an existing trunk line located within West McDowell Road that should have capacity sufficient to meet the wastewater flows that will be generated by the development of The Annexation Property.  If the existing trunk line cannot accommodate wastewater flows from The Annexation Property, The Annexation Property owner will be required to install any additional improvements needed for the city to provide wastewater to The Annexation Property.