TITLE
A Resolution of the Mayor and City Council of the City of Maricopa, Arizona, finding certain facts and adopting the proposed major general plan amendment to the general plan of the City of Maricopa, Arizona as requested by Anderson Russell, LLC. Discussion and Action.
AGENDA ITEM DESCRIPTION
This item is on the City Council agenda to comply with statutory requirements pursuant to amending or adopting community General Plans (A.R.S. § 9-461.06). State law requires that all amendments to the General Plan are to be delivered to the Planning Commission for recommendation and the legislative body (i.e., City Council) for review and final approval.
Note: Case #GPA13-01 was presented to the Planning and Zoning Commission on Dec. 16 and 17, 2013 during the public hearing for review; at this time this report was written, those meetings had not yet been held. Staff will present the Commission's recommendation to City Council at tonight's meeting.
GPA13-01
The applicant, Mr. Kelly Hall of PM Consulting, LLC representing Anderson Russell, LLC and the "South Anderson Road Corridor" is proposing a Major General Plan Amendment for the Anderson Russell land holdings (including the former BNC Bank property). Pre-annexation Development Agreements were approved by the City Council in 2012. The area is approximately 831 net acres of land located at the City of Maricopa's eastern boundary, bounded by Maricopa-Casa Grande Highway to the north, Russell Road to the east, Ak-Chin/State Land & Santa Cruz Wash to the west, and the Teel Road alignment to the south. A Major Amendment to the Land Use Map of the City of Maricopa 2006 General Plan is required to change the existing land use designation from Employment/Industrial (E) to Master Planned Community (MPC) on approximately 189 acres and adding approximately 654 acres of land, which is currently designated in the City of Casa Grande's Planning Area as "Neighborhoods," to Maricopa's General Plan as Master Planned Community (MPC) designation.
Please see Exhibit A, Proposed General Plan Major Land Use Map Amendment Narrative, including maps of the existing and proposed General Plan Land Use Designations.
According to A.R.S. § 9-461.06 (Adoption and Amendment of General Plan
), staff has met the required statutory public notifications, including the 60-day review by adjacent jurisdictions, county, private and public agencies. In addition, pursuant to the City Council-approved Citizen Participation Plan (CPP) (Ordinance 07-01), a neighborhood meeting was held on November 14 at the Maricopa Chamber of Commerce by the applicant. The purpose of the neighborhood meeting is to provide information on the General Plan amendment to the residents in the surrounding area of the proposed Major General Plan Amendment. There was no public attendance; the results of the meeting and notifications are included in the CPP (see Exhibit B). At the time of writing this report, staff has received three letters expressing opposition or concern for this General Plan Amendment (see Exhibit C).
Protest Summaries:
City of Casa Grande - A portion of the annexation is located within the City of Casa Grande's planning areas and Designated Management Area for Water and Wastewater Services. The existing Intergovernmental Agreement (IGA) with the City of Casa Grande specifies that:
"b. It is recognized by Casa Grande and Maricopa that any annexations on either side of the Boundary are subject to citizen petitions pursuant to the provisions of ARS §9-471 et seq. It is further recognized that neither Casa Grande nor Maricopa can prohibit citizens from either side of the Boundary from petitioning one or the other for annexation. However, to the extent the law allows, it is hereby mutually agreed that neither Casa Grande nor Maricopa will seek annexation petitions from citizens on the side of the Boundary opposite each Cities' respective side of the Boundary.
c. The Cities agree that sewer and water infrastructure shall be shared whenever and wherever possible and practical at all places along the designated Boundary."
Staff finds this GPA request and the associated citizen petition to annex, (case #ANX13-01), complies with the above provisions and the IGA in its entirety. Staff has responded to Casa Grande's protest in good faith (see Exhibit C) and will continue a dialogue to uphold the IGA.
Board of Supervisor Chairman - Chairman Miller was specifically noticed of the Annexation Public Hearing pursuant to statutory requirements. The Chairman provided comments directed toward the timeliness of the developer's intent to develop and the impacts to city operations. Staff understands the applicant/representative has communicated with the Board of Supervisor Chairman to address his concerns; however, the City has not received an update as of the time this report was issued.
Ak-Chin - The Ak-Chin community expressed concern over the initial application and submittal documents. The documents were revised to correct errors and misstatements in portions of the narrative by the applicant. The land use map was also revised to show "General" land use of Master Planned Community (MPC), and to include the existing airport approach surface delineation and Santa Cruz Wash. Detailed discussions of the specific land use locations and site design will occur at the rezoning/PAD stage, should the property be annexed.
As submitted, the proposed land uses will be compatible with surrounding land uses and is consistent with the overall goals and objectives of the General Plan Land Use Element. Appropriate buffering between land uses will be reviewed at the time of development application to minimize potential land use conflicts. This amendment will allow for uses that are very compatible with the abutting "Neighborhoods" land use designation in Casa Grande's planning area to the east.
Based on the facts submitted with this major amendment application, the changes in land use designation in the General Plan will not have negative impacts in the surrounding area. The proposed land use mixture outlined in the applicant's narrative provides a balance of commercial, employment, and housing uses in keeping with the Pre-Annexation Development Agreements previously approved.
Exhibits: A - General Plan Amendment Application Narrative
B - Citizen Participation Plan
C - Letters of Opposition or Concern; Maricopa's Response Letter to Casa Grande
This item will be presented by Dana Burkhardt.
STAFF RECOMMENDATION
Staff recommends that the Mayor and City Council formally adopt Resolution 13-41, which will amend the City of Maricopa General Plan Land Use Map to change the General Plan land designations from "Employment/Industrial" to "Master Planned Community" on approximately 189 acres, and add approximately 654 acres of land currently designated in the City of Casa Grande's Planning Area as "Neighborhoods" to Maricopa's General Plan as "Master Planned Community" designation.