Summary:
INTRODUCTION:
The City of Peoria has initiated an associated request for annexation of approximately 458 acres of Arizona State Trust Land that would precede the subject Initial Zoning ("translational zoning").
This Initial Zoning request would change the zoning for the annexed property from Maricopa County Rural Residential 43 (RU-43) to the equivalent City of Peoria Suburban Ranch 43 (SR-43).
The site is generally located between the Jomax Road and Calle Lejos alignments and in between 115th and 119th Avenue alignments. The subject area is then intended to be included as a part of a request by the Arizona State Land Department to rezone a total of approximately 1,621 acres of Arizona State Trust Land from Suburban Ranch 43 (SR-43) to the North Peoria Gateway Planned Community District (PCD).
This request has been proposed in combination with an associated Annexation (Case ANX24-01).
SITE LOCATION AND AREA CONTEXT:
The site is generally located between the Jomax Road and Calle Lejos alignments and in between 115th and 119th Avenue alignments. The subject initial zoning and companion annexation case area, consists of approximately 458 acres (Exhibit 1). The entirety of the site is owned by the Arizona State Land Department. The State Trust land area is approximately 458 of 1,621 acres of land that is known as North Peoria Gateway. This area of State Land is among other specified parcels within Peoria’s Planning Area that have been identified for eventual annexation.
BACKGROUND:
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. This portion of the North Peoria Gateway area is one of several State Land areas that the City has identified in its annexation efforts as significant in nature given its proximity to existing development or infrastructure limits, and/or is located along future strategic economic development corridors, such as the Loop 303.
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 annexation, the State Land Department has required the full entitlement (rezone) of the subject site. As a separate but concurrent effort, city staff is seeking to annex the subject 458 acres of North Peoria Gateway as part of case ANX24-01, which will be heard in a prior item on this agenda.
Pursuant to Arizona Revised Statutes A.R.S. §9-462.04(E) and A.R.S. §9-471.L, the City must assign initial zoning to the property within six (6) months of the effective date of annexation. Additionally, the corresponding initial zoning district cannot permit densities or uses more intense than that provided under the Maricopa County (County) zoning. Therefore as part of initial zoning applications, the City seeks to identify and establish equivalent or most analogous Peoria zoning district compared to what was granted within the County.
INITIAL ZONING:
Establishment of initial corresponding zoning is often considered a perfunctory action given statutory requirements. More specifically, establishment of initial zoning is regulated by Arizona Revised State Statues, and such, does not permit densities and uses to be assigned to a property that are more intense than those permitted by Maricopa County prior to the annexation.
Given the characteristics of the property and the existing zoning granted within Maricopa County, the most analogous City of Peoria zoning category is as follows:
1) County Rural Residential (RU-43) District analogous zoning is Peoria Suburban Ranch (SR-43) Zoning District.
Staff believes the proposed zoning district is in keeping with the criteria as outlined by applicable regulations; therefore, the request is consistent with the State Statutes.
PUBLIC ENGAGEMENT PROCESS:
Public Noticing
The application was properly noticed pursuant to Section 21-315 of the Peoria Zoning Ordinance, which includes notification to all property owners within 1,320 feet of the site and registered HOAs within one (1) mile, posting of a sign on the site, and placing an ad in the Peoria Times at least 15 days prior to the Public Hearing.
A neighborhood meeting is not required for an Initial Zoning application.
Support / Opposition
At the time of this writing, Staff has not received any opposition or support for the initial zoning specifically. For clarity, there has been stated opposition to the associated Rezone case (Z24-03 North Peoria Gateway Planned Community District). That case will be discussed and analyzed separately.