This item was previously heard by City Council on October 7, 2024, and City Council provided authorization to start the Annexation Process. The application request is for the annexation of approximately 4.92 acres of property generally located on the south side of West McDowell Road, just west of the 183rd Drive alignment (APN 502-37-064M) (the “Property”) (Included as Attachment A - Aerial Exhibit). The Property is one of the five parcels located within a county island that is surrounded by property within the City of Goodyear. The abutting property to the south of the Property, which is within the city’s boundaries, is owned by the Arizona Department of Transportation, and the property north of the Property, which is also within the city’s boundaries, is Arizona State Trust Land and is the site of Perryville Prison. The abutting property to the east (APN 502-37-064C), which is within the city’s boundaries (the “Penske Leasing Property”), is owned by Penske Truck Leasing Co. (“Penske”). The Penske Leasing Property was rezoned from I-1 to I-2 on August 29, 2022, and a site plan for the development of a Penske Truck Leasing Facility has been approved. Penske Truck Leasing Co. LP acquired the Property in March 2023. |
Current Policy: Arizona State Statutes regulates annexation. Below is a brief summary of the City's 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.
- The Property is located within the city's municipal planning area and 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.
- If authorization is not provided, the annexation application will be denied, and no further action on the annexation will be taken.
- If authorization is provided, staff will move forward with processing the annexation application.
- City Council considered the proposal on October 7, 2024 and authorized staff to move forward with processing the annexation application.
- 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 before signatures can be obtained. A public hearing must be held within the last 10 days of this 30-day waiting period to receive public input on the annexation. 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.
- The public hearing being held on February 10, 2025, is the first of the two public hearings required for annexation and it is being held within the last ten (10) days of the 30-day waiting period. Notices of the public hearing being held on February 10, 2025, for the annexation was published in the Arizona Republic West Valley Edition on January 24, 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 January 24 2025, 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 January 17, 2025, notices of the public hearing along with an accurate map of the Annexation Area for each of the proposed annexations was emailed 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.
- 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.
NEXT STEPS Following the public hearing on February 10, 2025, the applicant will be able to circulate the blank petitions for signature. Once that is done, the applicant will submit the signed petitions to the City. Assuming the petitions submitted satisfy the statutory requirements for an annexation to occur, the annexation will be scheduled for a city council meeting for final consideration by the City Council. Details of the Request: The February 10, 2025 public hearing is to receive public input on a pending application for annexation of the following:
- Approximately 4.92 acres of property, generally located on the south side of West McDowell Road, just west of the 183rd Drive alignment.
The Property is generally located on the south side of West McDowell Road, just west of the 183rd Drive alignment, and is owned by Penske Truck Leasing Co LP. The Property is 4.92 acres in size and is within the “Neighborhood” Land Use Designation under the city's General Plan. The existing County zoning for the annexation area is Light Industrial (IND-2). The uses under the County’s Light Industrial (IND-2) zoning district are consistent with the city's General Industrial Park (I-2) zoning district. Accordingly, upon annexation, the Property would be designated the city equivalent zoning district of General Industrial Park (I-2). Although the I-2 zoning district is inconsistent with the Neighborhood Land Use Designation; the Property is already zoned Industrial and could be developed under the existing Maricopa County zoning with industrial uses. Consequently, a General Plan Amendment would not be required upon annexation because the parcel would already be zoned I-2. If the annexation is ultimately approved by Council, the city could, following the effective date of the annexation ordinance, formally begin the review for Penske Truck Rental Site Expansion and issue necessary permits to begin development. 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:
- 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
As discussed above, the Property was acquired by Penske for the development of a parking lot to support its truck leasing operations being developed on the Penske Leasing Property. Streets: The Property is located on the south side of West McDowell Road. The developer would be responsible for the construction of The Property’s half-street improvements. 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 2.23 miles away from the site and Station 185 located 5.38 miles northwest of the site. Water: The Property is within the service area of Arizona Water Company. Therefore, there is no impact on the city’s water portfolio or any infrastructure needed to provide water service to the Property. Wastewater: The Property is located within the city’s wastewater service area, and the city will be providing wastewater service to the Property. There is an existing trunk line located within West McDowell Road that should have capacity sufficient to meet the wastewater flows that will be generated by the development of the Property. If the existing trunk line cannot accommodate wastewater flows from The Property, The Property owner will be required to install any additional improvements needed for the city to provide wastewater to the Property. |