Summary:
The City of Peoria is initiating a request on behalf of the City of Peoria and the Arizona State Land Department, for annexation of approximately 226 acres, located at the northwest corner of 109th Avenue and Rose Garden Lane.
The City of Peoria has maintained a sustained interest in the annexation of key Arizona State Land Departments (ASLD) parcels within the City's Planning Area. The subject area ("Parcel B") is one of several State Land areas that the City has identified as significant in nature given its proximity to existing development or infrastructure limits and/or are located along future strategic economic development corridors, such as the Loop 303. In addition to the Arizona State Trust Land that is part of the subject annexation, there are City of Peoria owned parcels that would be included within the annexation area. The Arizona State Trust Land owned areas constitute approximately 189 acres of the subject annexation area. The City of Peoria owned parcels constitute approximately 37 acres of the subject annexation area (city-owned parcels and Tessmer Road).
The annexation of State Land is distinctly different from private land under the Arizona Revised Statutes. More specifically, pursuant to A.R.S. § 9-471.A.1, the annexation of State Land requires the approval of the State Selection Board and the State Land Commissioner. On July 17, 2019, the State Selection Board authorized the annexation of this parcel and other specified parcels into the City of Peoria. However, concurrent with each final annexation, the State Land Department has required the full entitlement (rezone) of the subject site. The City is currently in review of the entitlement for Parcel B and expects it to be brought forward to City Council later this spring along with a final annexation ordinance.
The property is vacant and irregularly shaped. Currently it is zoned Rural 43 (RU-43) within the County, and the district’s principal purpose is to conserve and protect farms and other open land uses, foster orderly growth in rural and agricultural areas, prevent urban and agricultural land use conflicts, and encourage sustainable development. If annexed, within six (6) months of the effective date of annexation, the City must confer initial zoning that is consistent with or no more intense than the current County zoning.
This annexation request (Case ANX21-02) is being processed in conjunction with the required initial zoning as well as an application to rezone the state land portion of the subject annexation.
Annexation Information
The subject property is more specifically depicted in the legal description (Exhibit 1) and map attached to this report (Exhibit 2). The property is contiguous to the City’s jurisdictional boundaries, lies within the City’s Planning Area (General Plan), and is in conformance with the adopted annexation policy.
The annexation process pursuant to A.R.S. §9-471 is briefly described below:
(a) Filing of blank petition with County Recorder by the City opens up a thirty (30) day waiting period to discuss the proposal – COMPLETED
(b) The City must then hold a public hearing (no action) to discuss the proposal within the waiting period – CITY COUNCIL (4/19/22)
(c) At the conclusion of the 30-day waiting period, the municipality has up to 1-year to collect signatures satisfying the annexation “test.” – NOT COMPLETED
(d) The City holds a final public hearing to consider and take action on the annexation request – ANTICIPATED TO BE MAY 17, 2022
(e) The annexation is effective 30 days after adoption of the ordinance.
Under state statute, a successful annexation requires the completion of a petition with (a) signatures of owners of one-half or more in value of the real and personal property; and (b) more than one-half of the persons owning real and personal property that would be subject to taxation by the City in the event of annexation.