City of Boise
Idaho

Ordinance
ORD-47-19

AN ORDINANCE (CAR19-00009 / CITY OF BOISE FOR PROPERTY LOCATED AT 7470 W. STATE STREET AND ADJACENT 1.5 MILES OF RIGHT OF WAY ALONG STATE STREET) ANNEXING .47 ACRES AND ADDITIONAL RIGHT OF WAY OF CERTAIN LANDS AND TERRITORY SITUATED IN ADA COUNTY, IDAHO, ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF BOISE CITY; ESTABLISHING AND DETERMINING THE LAND USE CLASSIFICATION OF SAID .47 ACRES AS C-4D (PLANNED COMMERCIAL WITH DESIGN REVIEW) FOR THE PARCEL AND ADDITIONAL RIGHT OF WAY TO ALIGN WITH ADJACENT ZONING TO INCLUDE R-1A (SINGLE FAMILY RESIDENTIAL, LARGE LOT), R-1C (SINGLE FAMILY RESIDENTIAL, URBAN), AND C-2D (GENERAL COMMERCIAL WITH DESIGN REVIEW); SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH ANNEXATION AND ZONE CHANGE; DIRECTING THE CITY ENGINEER TO LODGE AND FILE A LEGAL DESCRIPTION AND MAP FOR SAID ANNEXED LANDS AND TERRITORY; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY AUDITOR, THE ADA COUNTY TREASURER, THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION; PROVIDING THAT A COPY OF SAID LEGAL DESCRIPTION AND MAP OF SAID ANNEXED LANDS AND TERRITORY BE RECORDED WITH THE ADA COUNTY RECORDER AND FILED WITH THE ADA COUNTY ASSESSOR AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.

Information

Department:Planning and Development ServicesSponsors:
Category:Annexation

Financial Impact

None

Body

WHEREAS, the City of Boise initiated a Category B annexation, in accordance with Idaho Code § 50-222, for less than 100 parcels that are continuous and adjacent to Boise City and that can reasonably be annexed for the orderly development of Boise City; and

 

WHEREAS, the Boise City Planning & Zoning Commission, pursuant to public notice as required by law, held a public hearing on June 3, 2019, and recommended to the Mayor and Council that annexation be approved and said lands be zoned as C-4D (planned commercial with design review) for the parcel and additional right of way to align with adjacent zoning to include R-1A (single family residential, large lot), R-1C (single family residential, urban), and C-2D (general commercial with design review); and

 

WHEREAS, the Boise City Council, pursuant to public notice as required by law, held a public hearing on August 20, 2019, on the proposed zoning for the property described in Section One below, all as required by Idaho Code, Section 67-6525.

 

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:

 

Section 1.                The lands and territory situated in Ada County, Idaho, adjacent and contiguous to the City of Boise City, Idaho, particularly described in Exhibit A, attached hereto and by reference made a part of this ordinance as though fully set forth herein, be, and the same are hereby, annexed to and incorpo­rated in the territorial limits of the City of Boise City, Idaho.

 

Section 2.                From and after the effective date of this ordinance, all property included within the boundaries and territory described in Section 1 hereof and annexed as provided by said Section shall be subject to all the statutes pertaining to Boise City and all ordinances, resolutions, police regulations, taxation and other powers of Boise City, and all persons and property within the territory so annexed shall be and are entitled to all benefits and rights as are the persons and property presently within the corporate territorial limits of Boise City.

 

Section 3.                Pursuant to the findings of the Boise City Council, the land use classification of the lands described in Exhibit A attached hereto and by reference made a part thereof is hereby fixed and established as C-4D (planned commercial with design review) for the parcel and additional right of way to align with adjacent zoning to include R-1A (single family residential, large lot), R-1C (single family residential, urban), and C-2D (general commercial with design review), as provided by the Zoning Ordinance of Boise City.

 

Section 4.                Pursuant to Idaho Code § 67-6535, the Boise City Council hereby adopts the following Reasoned Statement in support of the Annexation and Rezone:

 

Reasoned Statement

 

The annexation and rezone meets the approval criteria of 11-03-04.15.C(6a):

i.              Incorporate the Boise sewer planning area; The subject property is located in the Boise Sewer Planning Area and has been served by city sewer since 2004.

ii.              Honor negotiated area of impact agreements; The site is located within the Boise City Area of City Impact (AOCI). Both parcel and right of way are located adjacent to city limits along the western, eastern, and northern boundaries. This finding is consistent with Policy PDP 3.2 in the Comprehensive Plan which calls for the annexation of lands within the AOCI when it can be demonstrated that it is consistent with the goals and policies of the Comprehensive Plan.

iii.              Attempt to balance costs of services with anticipated revenues; The annexation should have minimal impact on cost of services. The property is adjacent to lands currently within Boise City. As such, many city services are already provided to the area.

iv.              Promote other goals of population balance, contiguous development and prevention of costs due to leap frog development. The annexation is in conformance with this finding as the property is contiguous to property that is currently located within Boise City. This annexation does not constitute leap frog development. The subject property and right of way are located within the Boise Area of City Impact, have been since 1978, and should have no impact on population balance.

 

The annexation and rezone will also advance the goals of Blueprint Boise, the State Street Transit and Traffic Operational Plan, and the State Street Corridor Transit Oriented Development Policy Guidelines. This jurisdiction boundary cleanup will allow Boise City to comply with Title 50 Section 222 of the Idaho State Code, which requires road right of way in be fully included into a jurisdiction when annexed.

 

Section 5.              The City Engineer of Boise City is hereby directed to lodge and file with the City Clerk of Boise City within ten (10) days after the passage and approval hereof, a legal description and map prepared in a draftsmanlike manner which shall plainly and clearly designate the boundaries of the lands and territory annexed, pursuant to the provisions of Section 1 hereof.

 

Section 6.                The zoning maps of Boise, Idaho, are hereby changed, altered, and amended to include the real property described in Exhibit A attached in the land use classification of C-4D (planned commercial with design review) for the parcel and additional right of way to align with adjacent zoning to include R-1A (single family residential, large lot), R-1C (single family residential, urban), and C-2D (general commercial with design review).             

 

Section 7.                The City Clerk of Boise City is hereby directed to file, within ten (10) days after the passage and approval hereof, a certified copy of this Ordinance with the Ada County Auditor, Ada County Treasurer, Ada County Assessor, and the Idaho State Tax Commission, and to file a copy of said legal description and map, as prepared and lodged with the City Clerk by the City Engineer, with the Ada County Assessor, Ada County Recorder and the Idaho State Tax Commission, all as provided by Sections 50-223 and 63-215, Idaho Code.

 

              Section 8.                That this Ordinance shall be in full force and effect immediately upon its passage, approval and publication.