Current Policy: The city of Goodyear has an annexation policy adopted by Resolution 2001-768. In addition, 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.
o 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 (R).
· 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. · (Meeting which occurred on 10/24/2022) 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.
o If authorization is not provided, then no further action on the annexation will be taken. o If authorization is provided, staff will move forward with the state statutory requirements for annexation.
Council considered the proposal on October 24, 2022 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 December 27, 2022, a blank (unsigned) petition for each of the two proposed annexations 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 petitions were 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 January 26, 2023.
· 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 January 23, 2023 is within the last ten (10) days of the 30-day waiting period. Notices of the public hearing being held on January 23, 2023 for each annexation was published in the Arizona Republic Southwest Valley Edition on December 30, 2022, 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 December 27, 2022, 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 December 27, 2022, 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.
· 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 applicant requests for your consideration:
· Annex approximately 1.81-acre property along the Broadway Road alignment between the Sarival Avenue alignment on the west and the 159th Avenue alignment on the east · Annex approximately 0.42-acre property along the Sarival Avenue alignment between Maricopa County Highway 85 on the north and the future Arizona State Route 30 (Tres Rios Freeway) on the south.
Both properties are generally located south and southeast of Sarival Avenue and Maricopa County Highway 85 and are owned by ENDICOTT PROPERTIES LLC (“the owner”). The owner also owns two properties immediately adjacent to both annexation areas; those properties, which total approximately 45.16 acres are already within the city’s limits, leaving the 2.23 acres (1.81-acre annexation proposal and the 0.42-acre annexation proposal) remaining to be annexed. If the annexations are ultimately approved by Council and the owner, the owner would then seek to rezone the newly annexed properties as well as their existing 45.16 acres, within the city, into a cohesive 47.39-acre industrial development. The City’s General Plan designates this area as Industrial. The existing County zoning for this property is Rural-43 (RU-43). Upon annexation, the property would be designated the equivalent zoning district which is Agricultural/Urban (AU). The city has received a request to rezone this property to I-2 (General Industrial) with a PAD Overlay, which will be a separate action. The property is located within the city’s municipal planning area and meets State statutory requirements for annexation. The City’s Annexation Policy, adopted in 2001, provides that staff evaluate annexation requests on the following criteria:
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
As discussed above, the 1.81-acre annexation proposal and the 0.42-acre annexation proposal (for a total of 2.23 acres) is immediately adjacent to two properties which total 45.16-acre property. The 1.81-acre property bifurcates the larger 45.16-acre that is already annexed into the city. The 0.42-acre property sits within the future Sarival Avenue alignment just west of the larger 45.16-acre property and will be needed for future roadway improvements. Without the annexation of both properties, a portion of the development would need to develop within the County and future Sarival Avenue would be likely be developed to County standards. The current owner would like to develop the entire site as a cohesive development and also develop within the city. Streets: the property is intended to have access to Sarival Avenue which will ultimately be developed within the city. Sarival Avenue is planned to provide access to both future Arizona State Route 30 (Tres Rios Freeway) and Maricopa County Highway 85. 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 would be provided by Station 184, approximately 2.3 miles away and Station 181 approximately 5.0 miles away. Water/Wastewater: 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). |