1. ADOPT ORDINANCE NO. 2024-1619, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GOODYEAR, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING APPROXIMATELY .558 ACRES OF PROPERTY ALONG SOUTH LITCHFIELD ROAD, SOUTH OF WEST LOWER BUCKEYE ROAD, WHICH IS CONTIGUOUS TO AND SURROUNDED BY THE EXISTING CITY LIMITS OF THE CITY OF GOODYEAR, PROVIDING A CITY ZONING DESIGNATION OF AG AGRICULTURAL; PROVIDING AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE AND TO PROVIDE A COPY TO THE CLERK OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY.
2. ADOPT ORDINANCE NO. 2024-1620, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GOODYEAR, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING APPROXIMATELY 3.342 ACRES OF PROPERTY ALONG SOUTH LITCHFIELD ROAD, SOUTH OF WEST LOWER BUCKEYE ROAD, WHICH IS CONTIGUOUS TO AND SURROUNDED BY THE EXISTING CITY LIMITS OF THE CITY OF GOODYEAR, PROVIDING A CITY ZONING DESIGNATION OF AG AGRICULTURAL; PROVIDING AN EFFECTIVE DATE; AND DIRECTING THE CITY CLERK TO RECORD A COPY OF THIS ORDINANCE AND TO PROVIDE A COPY TO THE CLERK OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY. (Guadalupe Ortiz Cortez, Senior Planner) |
Current Policy:
Arizona State Statue regulates annexations. Below is a brief summary of the annexation process:
- Staff conducts a cursory review of the annexation proposal.
- Staff determines whether the proposed annexation area meets the state legal requirements for annexation as set forth in A.R.S. § 9-471.
- Assuming the proposed annexation meets the legal requirements for annexation, staff conducts a review of the annexation proposal to determine the desirability of the annexation, which include an impact analysis of the proposed 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 not provided, then no further action on the annexation will be taken.
- If authorization is provided, staff will move 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.
- After the blank petition is filed, there is a 30-day waiting period. 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 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
- 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.
Details of the Request:
As set forth above, the City Council has been asked to annex portions of the SDC I Property and the SDC II Property, which is needed for the expansion of the west half of Litchfield Road adjacent to the respective properties. An aerial photo of the properties is included as Attachment A.
City Council is being asked to complete the annexation process by holding the final public hearings required before the adoption of annexation ordinances and to adopt annexation ordinances that annex the portions of the SDC I Property and the SDC II Property needed for the expansion of the west half of Litchfield Road adjacent to the respective properties and that adopt zoning for the annexed property. The Annexation Ordinance and associated Certification of Map for SDC I Property are included as Attachments B and C. The Annexation Ordinance and associated Certification of Map for SDC II Property are included as Attachments D and E.
The City’s General Plan designates this area as Industrial. The existing County zoning for both properties is Rural-190 (RU-190). Upon annexation, the property would be designated the city equivalent zoning district of Agricultural (AG). The 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 July 8, 2024, City Council voted to authorize staff to initiate the annexation of approximately 0.558 acres of property along Litchfield Road south of West Lower Buckeye Road (SDC I Property). At this meeting, City Council also authorized staff to initiate the annexation of approximately 3.342 acres of property along Litchfield Road south of West Lower Buckeye Road (SDC II Property).
- On July 9, 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 August 19, 2024, after receiving 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 September 9, 2024, City Council held a Public Hearing to discuss and take public input on the proposed annexations.
- Notices of the public hearing being held on September 9, 2024 for each annexation was published in the Arizona Republic West Valley Edition on August 23, 2024, 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 August 21, 2024, 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 August 21, 2024, 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 these annexations at the September 9, 2024 public hearings.
- After the September 9, 2024 hearings and the expiration of the 30-day waiting period (September 17, 2024), 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 SDC I annexation, the property is owned by a single entity (SDC I Property Owner), and the appropriate signature was received. With regard to the proposed SDC II annexation, the property is owned by a single entity (SDC II Property Owner), and the appropriate signature was received.
- Having collected the required signatures on the blank petitions, Annexation Ordinance No. 2024-1619 and 2024-1620 have been prepared and are 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:
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 0.558-acre annexation proposal (SDC I) and the 3.342-acre annexation proposal (SDC II) (for a total of 3.9 acres) are immediately adjacent to two properties being developed as Stream Data Center Campus. In this case, the annexation requests involve the annexation of property that will be dedicated to the city as right-of-way for the west half of S. Litchfield Road and will be improved by the adjacent property owners to meet city standards as part of the development of the Stream Data Center Campus. The proposed annexation will not result in any increase in service requirements on the part of the city other than additional maintenance responsibilities for road improvements for the west-half of S. Litchfield Road that will be constructed to support the development of Stream Data Center Campus. It is not likely that Maricopa County will improve S. Litchfield Road between W. Lower Buckeye Road and W. Broadway Road nor is it likely that Avondale, which has annexed to the eastern boundary of S. Litchfield Road south of W. Lower Buckeye will either annex past the center line of S. Litchfield Road or develop the west half of S. Litchfield Road. This annexation will allow the city to ensure its infrastructure needs and standards are met and compatible with the General Plan.
If the two annexation Ordinances are adopted, copies of the adopted ordinances and all exhibits referred to therein are to be filed and recorded in the office of the County Recorder of Maricopa County, Arizona and a copy of the adopted ordinances and all exhibits referred to therein are to be sent to the Clerk of the Board of Supervisors of Maricopa County, Arizona.
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