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ITEM #: 9.
DATE: 07/07/2025
AI #:2713
CITY COUNCIL ACTION REPORT
 
SUBJECT: ANNEXATION OF SOUTH PERRYVILLE ROAD ADJACENT TO LA PRIVADA PARCEL 5
 
STAFF PRESENTER(S): Kyle Abbott, Senior Planner

SUMMARY

This is a public hearing to consider the annexation of two separate areas adjacent to one another, which together are approximately 0.978 acres of property, generally located along South Perryville Road adjacent to what is currently La Privada Parcel 5.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

Conduct a public hearing to consider the annexation of two separate adjacent to one another, which together are approximately 0.978 acres of property, generally located along South Perryville Road adjacent to what is currently La Privada Parcel 5. (Kyle Abbott, 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 report. A detailed fiscal impact will be included in future City Council reports. There is no fiscal impact associated with authorizing staff to proceed with the state statutory requirements for annexation. Authorizing the process to move forward does not commit the Council to approve the annexation.

BACKGROUND AND PREVIOUS ACTIONS

On June 28, 2006, Council adopted Ordinance No. 2006-1014, which rezoned the La Privada subdivision from Agricultural Urban (AU) to Planned Area Development (PAD), with an underlying zoning of R1-6 and R1-7. The PAD zoning was modified in 2018 with Council adoption of Ordinance No. 2018-1411, to include property with underlying R1-4 zoning. On July 19, 2021, Council adopted Ordinance No. 2021-1505, which modified the La Privada zoning to add the former Paseo Place Parcel 1 property and reduced R1-4 development standards to the PAD.

What is currently La Privada Parcel 5 is the westernmost parcel of the La Privada subdivision and is the only parcel adjacent to South Perryville Road (see Attachment B for an aerial map).

At its April 28, 2025 meeting, Council voted to authorize staff to initiate the annexation of approximately 0.978 acres of property, generally located adjacent to one another along South Perryville Road, and adjacent to what is currently La Privada Parcel 5.

The property to be annexed into the city encompasses two separate areas of land adjacent to one another. The first area is approximately 0.025-acres and measures 33 feet by 33 feet, and the second area is approximately 0.953-acres and measures 33 feet by 1,258 feet. Both areas in total are approximately 0.978 acres or 42,594 square feet (together the Property). The property is part of the 33-foot-wide eastern section of S. Perryville Road adjacent to what is currently Parcel 5 of the La Privada residential development (see Attachment A for Legal Descriptions and Maps). The property is currently right-of-way and will be developed as the eastern half of South Perryville Road to city standards.

STAFF ANALYSIS

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.
    • 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. If authorization is provided, staff will move forward with the state statutory requirements for annexation.
    • City Council considered the proposal on April 28, 2025 and authorized staff to move forward with the 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.
    • On June 13, 2025 a blank (unsigned) petition for each of the proposed annexation 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.
  • Pursuant to state law, there is a 30-day waiting period after the filing of the blank petition before petitions can be circulated for signature.
    • The 30-day waiting period will end on July 13, 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. 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 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 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 July 7, 2025, is within the last ten (10) days of the 30-day waiting period. Notices of the public hearing being held on July 7, 2025, for the annexation was published in the Arizona Republic West Valley Edition on June 20, 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 July 1, 2025, notices of the public hearings will also be posted in three conspicuous places on the property proposed to be annexed, which is at least six (6) days before the public hearing. On July 1, 2025, notices of the public hearing along with an accurate map of the Annexation Area for the proposed annexation will be 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.
  • 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 for your consideration:
  • Annex an approximately 0.025-acre property
  • Annex an approximately 0.953-acre property
The property totals an approximately 0.978-acre area and is owned by Melcor Developments Arizona Inc., the developer of the La Privada residential subdivision. The La Privada subdivision is currently under development and Melcor Developments Arizona Inc. is required to complete full half-street improvements for the east half of South Perryville Road adjacent to La Privada Parcel 5. Although the property is privately owned, the Maricopa County Assessor’s map reflects the property is county-maintained road. Accordingly, to allow the half-street improvements to South 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).

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 No. 01-768 that provides staff with guidelines for the evaluation of annexation requests:
  • 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
In this case, the annexation involves property that is currently right-of-way for the east half of South Perryville Road and will be dedicated to the city. It is unlikely that Maricopa County will improve this stretch of South Perryville Road between W. Yuma Road and W. Van Buren Street. It is also unlikely that the City of Buckeye, which has annexed the western boundary of South Perryville Road, will either annex past the center line of South Perryville Road or develop the east half of South Perryville Road. The Property will be dedicated as right-of-way on the Final Plat for La Privada Phase 1 Parcel 2, (E23-02623) which includes La Privada Parcel 5. South Perryville Road adjacent to the La Privada subdivision will be improved to city standards as part of the development of La Privada Parcel 5. The proposed annexation will require additional maintenance responsibilities for the east-half of South Perryville Road adjacent to La Privada. This annexation is compatible with the General Plan and will allow the city to ensure the city’s infrastructure standards are met, and the timing of construction of the improvements to South Perryville Road support the development of the La Privada residential subdivision.

Attachments