1. ADOPT ORDINANCE NO. 2023-2290 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 1.81 ACRES OF PROPERTY ALONG THE BROADWAY ROAD ALIGNMENT BETWEEN THE SARIVAL AVENUE ALIGNMENT AND THE 159TH AVENUE ALIGNMENT, GENERALLY LOCATED SOUTHEAST OF SARIVAL AVENUE AND MARICOPA COUNTY 85, WHICH IS CONTIGUOUS TO AND SURROUNDED BY THE EXISTING CITY LIMITS OF THE CITY OF GOODYEAR, AND PROVIDING A CITY ZONING DESIGNATION OF AU AGRICULTURAL URBAN; PROVIDING DIRECTIONS AND AN EFFECTIVE DATE. 2. ADOPT ORDINANCE NO. 2023-2291 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 0.42 ACRES OF PROPERTY ALONG THE SARIVAL AVENUE ALIGNMENT BETWEEN MARICOPA COUNTY HIGHWAY 85 AND THE FUTURE ARIZONA STATE ROUTE 30 (TRES RIOS FREEWAY) GENERALLY LOCATED SOUTHEAST OF SARIVAL AVENUE AND MARICOPA COUNTY 85, WHICH IS CONTIGUOUS TO AND SURROUNDED BY THE EXISTING CITY LIMITS OF THE CITY OF GOODYEAR, AND PROVIDING A CITY ZONING DESIGNATION OF AU AGRICULTURAL URBAN; PROVIDING DIRECTIONS AND AN EFFECTIVE DATE. (Christian M. Williams, Principal Planner) |
The two pieces of land subject to the annexations are located southwest of the Sarival Avenue alignment and the Maricopa County Highway 85; both parcels are owned by ENDICOTT PROPERTIES LLC. At its Regular Meeting on October 24, 2022, Council voted to authorize staff to initiate the annexation of approximately 1.81 acres of property along the Broadway Road alignment between the Sarival Avenue alignment and the 159th Avenue alignment, generally located southeast of Sarival Avenue and Maricopa County 85. At this meeting, Council also authorized staff to initiate the annexation of approximately 0.42 acres of property along the Sarival Avenue alignment between Maricopa County Highway 85 and the future Arizona State Route 30 (Tres Rios Freeway) generally located southeast of Sarival Avenue and Maricopa County 85. At its Regular Meeting on January 23, 2022, Council held a Public Hearing to consider the annexation of approximately 1.81 acres of property along the Broadway Road alignment between the Sarival Avenue alignment and the 159th Avenue alignment, generally located southeast of Sarival Avenue and Maricopa County 85. Council also held a Public Hearing to consider the annexation of approximately 0.42 acres of property along the Sarival Avenue alignment between Maricopa County Highway 85 and the future Arizona State Route 30 (Tres Rios Freeway) generally located southeast of Sarival Avenue and Maricopa County 85. At the conclusion of the public hearing, Council voted (7-0) to continue with the annexation of this property. The abutting property to the south of the Broadway Road alignment and to the abutting property northwest of the Broadway Road alignment and the 161st Avenue alignment are zoned Riverside Park Preliminary Planned Area Development (PAD), which was adopted by Council on December 11, 2005 by Ordinance No. 05-976. The abutting property to the northeast of the Broadway Road alignment and the 161st Avenue alignment is zoned Agricultural Urban (AU), which was adopted at annexation by Ordinance No. 78-113. The Annexation Area is designated as Industrial on the General Plan Land Use and Transportation Map. This land use provides areas for the growth and development of commercial and industrial uses. |
Current Policy: In accordance with Arizona State Statutes regarding annexation, the city of Goodyear has an annexation policy that was adopted with Resolution 2001-768. 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.
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 (S).
· 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.
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.
· 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: The City Council is requested to hold a second public hearing to adopt an ordinance annexing 1.81 acres of property along the Broadway Road alignment between the Sarival Avenue alignment and the 159th Avenue alignment, generally located southeast of Sarival Avenue and Maricopa County 85 into the boundaries of the City of Goodyear. The City Council is also requested to hold a second public hearing to adopt an ordinance annexing 0.42 acres of property along the Sarival Avenue alignment between Maricopa County Highway 85 and the future Arizona State Route 30 (Tres Rios Freeway) generally located southeast of Sarival Avenue and Maricopa County 85, generally located southeast of Sarival Avenue and Maricopa County 85 into the boundaries of the City of Goodyear. 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 October 24, 2022, the Council authorized staff to initiate the statutory process for annexing the 1.81 acres of property along the Broadway Road alignment between the Sarival Avenue alignment and the 159th Avenue alignment, generally located southeast of Sarival Avenue and Maricopa County 85 and the 0.42 acres of property along the Sarival Avenue alignment between Maricopa County Highway 85 and the future Arizona State Route 30 (Tres Rios Freeway) generally located southeast of Sarival Avenue and Maricopa County 85, subject to the requests. · On or about November 9, 2022, staff forwarded a legal description of the properties to be annexed and a map of the Annexation Area to the Maricopa County Assessor and 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 December 27, 2022, after requesting the requested 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 January 23, 2023, the City Council conducted a public hearing to discuss and take public input on the proposed annexation. 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. No public comment was received in regard to this annexation. · After the January 23, 2023 hearing and the expiration of the 30-day waiting period (January 26, 2023), the blank petition was circulated for signature. 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 annexation, the property is owned by a single entity (ENDICOTT PROPERTIES LLC), and the appropriate signature was received. · Having collected the required signatures on the blank petitions, Annexation Ordinances 2023-2290 and 2023-2291 have been prepared and are being presented for council’s consideration. As discussed above, the 1.81-acre annexation proposal and the 0.42-acre annexation proposal (for a total of 2.23 acres) are 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 likely be developed to County standards. The current owner would like to develop the entire site as a cohesive development 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). 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. |