Agenda - View Meetings (All)

Back to Calendar Return

ITEM #: 10.
DATE: 11/18/2024
AI #:2237

CITY COUNCIL ACTION REPORT

SUBJECT:

DEANNEXATION OF RIGHT-OF-WAY ALONG MC-85

STAFF PRESENTER(S):

Guadalupe Ortiz Cortez, Senior Planner

SUMMARY

Request to deannex approximately 0.4673 acres of city right-of-way, generally located along MC-85 between the Maricopa County Flood Control District and the Buckeye Irrigation District canals.

STRATEGIC PLAN ALIGNMENT

RECOMMENDATION

ADOPT ORDINANCE NO. 2024-1625 DECREASING THE CORPORATE LIMITS OF THE CITY OF GOODYEAR PURSUANT TO ARIZONA REVISED STATES SECTIONS 9-471.02 AND 9-471.03 BY DEANNEXING CERTAIN PUBLIC RIGHT-OF-WAY TO MARICOPA COUNTY SUBJECT TO APPROVAL BY THE MARICOPA COUNTY BOARD OF SUPERVISORS; DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE AND TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE AND EXHIBIT A TO THE CLERK AND CHAIRMAN OF THE MARICOPA COUNTY BOARD OF SUPERVISORS; AND PROVIDING AN EFFECTIVE DATE. (Guadalupe Ortiz Cortez, Senior Planner)

FISCAL IMPACT

The subject property is to be deannexed from the city and annexed by Maricopa County, thus not incurring fiscal impacts to the city.

BACKGROUND AND PREVIOUS ACTIONS

This item has not been previously presented to Council. The Lakin Park Bungalows Site Plan was administratively approved on May 17, 2023. The right-of-way being deannexed was dedicated to the city in the Final Plat for Bungalows at Lakin Park approved by City Council on September 9, 2024. The right-of-way was dedicated to the City at the request of Maricopa County Department of Transportation (“MCDOT”) for improvements to the section of MC-85 adjacent to the platted property MCDOT was requiring the property owner to construct.

STAFF ANALYSIS

The right-of-way for the existing section of MC-85 adjacent to the property included in the Final Plat for Bungalows at Lakin Park is located within the County. The additional right-of-way for MC-85 needed for the improvements to MC-85 MCDOT is requiring is located within the City of Goodyear. An aerial photo of the right-of-way is included as Attachment A. Pursuant to ARS 9-471.02 (I), a public right-of-way that is partially located within a city and partially located within the unincorporated area of a county may be deannexed and severed from the city and returned to the county pursuant to ARS §§ 9-471.02 and 9-471.03.

MC-85 is a county owned and maintained road. The Final Plat for Bungalows at Lakin Park provided for the dedication pursuant to a request from MCDOT. MCDOT staff indicated MCDOT wanted the improvements to MC-85 to comply with its requirements and MCDOT committed to accepting the right-of-way upon the city’s deannexation of it. The proposed ordinance provides for the deannexation and severance of the right-of-way and the return of the right-of-way to Maricopa County subject to the fulfillment of the requirements set forth in A.R.S. § 9-471.03 by the Maricopa County Board of Supervisors. The Annexation Ordinance and associated Legal Description and Map are included as Attachment B. Once the Maricopa County Board of Supervisors has fulfilled the requirements set forth in A.R.S. § 9-471.03, the right-of-way will no longer be located within the boundaries of the City of Goodyear, but will be under the jurisdiction of Maricopa County and street improvement permits will be processed by the county.

This section of MC-85 right-of-way complies with the State Statutes for deannexation. No petitions or public hearings are required for a deannexation of city right-of-way to the county. Staff is recommending adoption of the proposed Ordinance.

Attachments

Attachment A - Aerial Photo

Attachment B - Ordinance No. 2024-1625

Staff Presentation