| ITEM #: 11. DATE: 05/19/2025 AI #:2640 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | ANNEXATION FOR LIBERTY ELEMENTARY SCHOOL DISTRICT NO. 25 |
| STAFF PRESENTER(S): | Guadalupe Ortiz Cortez, Principal Planner |
OTHER PRESENTER(S):
Bob Young, Executive Director of Operations, Liberty Elementary School District No. 25 & Daniel Ox Auxier, EPS Group Inc.
SUMMARY
Public hearing to consider the annexation of approximately 16.25 acres of property, generally located along W. Lower Buckeye Road, east of S. Perryville Road.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Conduct a public hearing to consider the annexation of approximately 16.25 acres of property, generally located along W. Lower Buckeye Road, east of S. Perryville Road. (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 the report.
BACKGROUND AND PREVIOUS ACTIONS
The application request is for the annexation of approximately 16.25 acres of Property, generally located along W. Lower Buckeye Road, east of S. Perryville Road. See Attachment A for an aerial exhibit. Directly east of the Property is Pradera Phase 3 Parcel E (zoned R1-6) and Pradera Phase 3 Parcel F (zoned R1-4), which are located within the city of Goodyear. Abutting the western boundary of the Property is a single-family home (zoned RU-43) and a vacant parcel to the north (zoned RU-43), both of which are located within Maricopa County.
The approximately 16.25-acre annexation area is comprised of 2 parcels: Parcel No. 502-42-006H and Parcel No. 502-42-006M. See Attachment B for the annexation map and legal description. The Property is owned by Liberty Elementary School District No. 25 (Liberty) and is being developed as an elementary school campus (Liberty Elementary School No. 8). The elementary school is currently under construction and is expected to open August 2025.
On September 9, 2024, City Council authorized staff to proceed with the annexation request.
On April 28, 2025, City Council adopted Resolution No. 2025-2462 approving an Intergovernmental Agreement (IGA) for the annexation and provision of city services to the annexation property. The IGA includes various pre-annexation conditions and requirements that must be met in order for the City to proceed with annexation of the Property. The City and Liberty negotiated mutually agreeable terms for the IGA. Therefore, the City is amenable to annexing the property and extending City services to the Property, contingent on Liberty’s compliance with the IGA’s terms, including constructing the necessary infrastructure improvements needed to serve the Property. See Attachment C for the IGA document.
The approximately 16.25-acre annexation area is comprised of 2 parcels: Parcel No. 502-42-006H and Parcel No. 502-42-006M. See Attachment B for the annexation map and legal description. The Property is owned by Liberty Elementary School District No. 25 (Liberty) and is being developed as an elementary school campus (Liberty Elementary School No. 8). The elementary school is currently under construction and is expected to open August 2025.
On September 9, 2024, City Council authorized staff to proceed with the annexation request.
On April 28, 2025, City Council adopted Resolution No. 2025-2462 approving an Intergovernmental Agreement (IGA) for the annexation and provision of city services to the annexation property. The IGA includes various pre-annexation conditions and requirements that must be met in order for the City to proceed with annexation of the Property. The City and Liberty negotiated mutually agreeable terms for the IGA. Therefore, the City is amenable to annexing the property and extending City services to the Property, contingent on Liberty’s compliance with the IGA’s terms, including constructing the necessary infrastructure improvements needed to serve the Property. See Attachment C for the IGA document.
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 land use designation for the Property under the City’s General Plan is Neighborhood, 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 (AG). The use of the annexation property for a school would be permitted under the Agricultural (AG) zoning district and a rezone would not be necessary. 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:
As discussed above, the Property is owned by the Liberty Elementary School District No. 25 and is being developed as Liberty Elementary School No. 8.
Streets: The Property is located adjacent to W. Lower Buckeye Road and would need to be improved as an arterial street, with two lanes in each direction. Liberty is responsible for the construction of the infrastructure improvements identified by the staff as being needed to support the school, which are identified in the IGA.
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 2.2 miles away from the Property and Station 184, located 3.8 miles northwest of the site.
Water/Wastewater: Liberty is responsible for the construction of all water and wastewater infrastructure improvements identified by city staff as being needed to support the operation of the school. 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).
This annexation request is compatible with the General Plan and will allow the city to ensure its infrastructure and services standards are met. The proposed annexation for the construction of an elementary school in the area supports “complete neighborhoods” that support the needs of the residents 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).
- City Council authorized staff to proceed with the annexation on September 9, 2024. As such, staff has moved 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.
- The blank petition was filed and recorded on April 24, 2025.
- After the blank petition is filed, there is a 30-day waiting period before signatures can be obtained.
- The 30-day waiting period is over on May 23, 2025.
- A public hearing must be held within the last 10 days of this 30-day waiting period to receive public input on the annexation.
- This public hearing to hear the public's comments on the annexation is being held on May 19, 2025, which is within 10 days of the 30-day waiting period before blank petitions can be signed and collected.
- After May 23, 2025, 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.
- The second public hearing will be scheduled after the annexation signatures are submitted and the applicant completes the responsibilities outlined for them on the approved IGA.
There is one application request for your consideration:
- Annex approximately 16.25 acres of property, generally located along W. Lower Buckeye Road, east of S. Perryville Road.
The land use designation for the Property under the City’s General Plan is Neighborhood, 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 (AG). The use of the annexation property for a school would be permitted under the Agricultural (AG) zoning district and a rezone would not be necessary. 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
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
As discussed above, the Property is owned by the Liberty Elementary School District No. 25 and is being developed as Liberty Elementary School No. 8.
Streets: The Property is located adjacent to W. Lower Buckeye Road and would need to be improved as an arterial street, with two lanes in each direction. Liberty is responsible for the construction of the infrastructure improvements identified by the staff as being needed to support the school, which are identified in the IGA.
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 2.2 miles away from the Property and Station 184, located 3.8 miles northwest of the site.
Water/Wastewater: Liberty is responsible for the construction of all water and wastewater infrastructure improvements identified by city staff as being needed to support the operation of the school. 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).
This annexation request is compatible with the General Plan and will allow the city to ensure its infrastructure and services standards are met. The proposed annexation for the construction of an elementary school in the area supports “complete neighborhoods” that support the needs of the residents in the vicinity and the overall Goodyear community (General Plan Goal LC-4).
Attachments
- Attachment A - Aerial Photo
- Attachment B - Legal Description and Map
- Attachment C - Intergovernmental Agreement
- Staff Presentation