Discussion and possible direction to staff on any and all matters regarding the boundary adjustment to the improvement districts within Southwest Arizona Industrial Subdivision. (Jose A. Guzman, Director of Planning and Zoning)

On October 12, 2016, City Council adopted Resolution No. 1160 creating the Street Lighting Improvement District (SLID) and Resolution No. 1161 creating the Enhanced Municipal Services District (EMSD) for the area known as Southwest Arizona Industrial Subdivision. This subdivision was originally 14 lots, Lot Number 14 (Approximately 40 acres) was reserved for future phase of the industrial subdivision. 

In 2019, the Developer rezoned Lot Number 14 from Light Industrial (L-I) to Medium Density Residential (R1-6) to develop the land as two residential subdivisions; Belleza Del Desierto Phase 1 (20 acres) and Belleza del Desierto Phase 2 (20 acres). When these subdivisions were approved, as part of the regular process, new improvement districts were created for each phase:

Belleza Del Desierto Phase 1 - Resolution No. 2096 (SLID) and Resolution No. 2097 (EMSD)

Belleza Del Desierto Phase 2 - Resolution No. 2181 (SLID) and Resolution No. 2182 (EMSD)

This caused the improvement districts to overlap within Lot 14 of the original district, which would create a double assessment for the SLID and EMSD. The proposed solution is to amend the boundaries of the original improvement district and remove Lot Number 14 from the district since this property is now developed as residential and has their own improvement districts created during the subdivision process. 

The Street Lighting Improvement District adopted by Resolution No. 1160 will be amended by a new resolution pursuant to Arizona Revised Statute §48-616(H). "In the event an improvement district is formed that includes the construction and operation of street lighting facilities within all or any part of the territory of a district formed under this section, the governing body may by resolution summarily delete from the district formed under this section any area covered by a subsequently formed district and form a new district from the balance of the original district formed under this section."

The Enhanced Municipal Services District Adopted by Resolution No. 1161 will be amended by a new resolution pursuant to Arizona Revised Statute §48-575(J). "If, in the opinion of the governing body, any territory of a district formed under this section is not benefited by being a part of the district, the governing body may, by resolution, exempt such territory from assessment under this chapter, or if any portion of the territory of a district formed under this section is no longer benefited by being a part of the district, the governing body may, by resolution, summarily delete from the district formed under this section any such area and may form a new district from the balance of the original district formed under this section."

The proposed Resolutions will be placed in the Consent Agenda of the Regular Council Meeting on August 11, 2021. Each resolution will be listed individually as one (1) item, for a total of two (2) items, unless City Council wishes to further discuss these items during the regular meeting.