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HomeMy WebLinkAboutBoise Podiatry Building AZ-01-010BEFORE THE MERIDIAN CITY COUNCIL C/C 1 O-02-O 1 IN THE MATTER OF THE ) APPLICATION OF MARSHAL ) OGDEN, BOISE PODIATRY ) BUILDING, THE APPLICATION ) FOR ANNEXATION AND ) ZONING OF .99 ACRES FOR ) THE PODIATRY BUILDING ) LOCATED AT 1065 EAST ) FAIRVIEW AVE., MERIDIAN, ) IDAHO ) ) Case No. AZ-01-010 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on August 8, 2001, and re-noticed for September 4, 2001 and continued until Odtober 2, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Condusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) Page 1 zoning was published for two (2) consecutive ~veelcs prior to said public hearing scheduled for August 8, 2001, and re-noticed for September 4, 2001 and continued until October 2, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were-made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 8, 2001, and re-noticed for September 4, 2001 and continued until October 2, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) adopted December 21, I993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The description of the property, which is the subject of the application for annexation and zoning, is attached as Appendix A, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately .99 acres in size and is located at 1065 East Fairview Ave., Meridian, Idaho. 6. The owner of record of the subject property is Marshal Ogden, Boise Podiatry Building, at 700 Plano Lane, Boise, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as R-1, and consists of a vacant medical office building. 9. The Applicant requests the property be zoned as C-G. 10. The subject property is bordered to the north by undeveloped land zoned RUT, to the south by a 4.11 acre parcel with single-family home and outbuilding, zoned RI-M, to the east by a single-family home, zoned Ri-M, and to the west by a small office building zoned C-2, and the Daewoo car sales lot, zoned R- S (this designation appears to be an error). ] 1. The property which is the subject of this application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) Page 3 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: development as existing and/or other uses permitted in C-G zone. 14. The Applicant requests zoning of the subject real property as C-G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing sevfices in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 16.1 16.2 All future development of this property shall be allowed only after a Conditional Use Permit for a Planned Development has been secured from the City of Meridian (Meridian City Code 11-7-2 Q). All parking stalls shall be striped in accordance with standards adopted by the City of Meridian and in compliance with the ADA. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-0 I-010) Page 4 16.3 16.4 16.5 16.6 16.7 Landscaping shall be brought into conformance with the adopted Landscape Ordinance. This shall include additional trees as required and an irrigation system if there is not one provided on site. A five-foot-wide sidewalk shall be required along Fairview Avenue. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic system within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Outside lighting shaI1 be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.8 16.9 16.10 16.11 16.12 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1- 91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) Page 5 16.13 Applicant shall connect to all essential city services, including water and sewer, prior to any uses on the property. Adopt the Recommendations of the Ada County Highway District as follows: 16.14 Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealcing ground, in accordance with Section 15 of ACHD Ordinance #193. 16.15 16.16 16.17 16.18 16. i9 16.20 17. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be constructed 2-feet within the new right-of- way. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. Locate driveways, in conformance with current District policy when future redevelopment occurs. As required by District policy, restrictions on the width, ntm~ber and locations of driveways, shall be placed on future development or redevelopment of this parcel. Comply with all the Standard Requirements within the Ada County Highway District's letter dated June 20, 2001. It is found that if the developer pays for the requested improvements FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) Page 6 and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers ~vill be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. It is found that the zoning of the subject real property as General Retail and Service Commercial District (C-G) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed/Planned Use Development. 20. The subject annexation request and zoning designation and proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING/(AZ-01-010) development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's qnality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 20.4 20.5 20.6 The application is consistent with Meridian's self identity. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. Compliance with the requests of the political subdivisions providing services, assures that commtmity services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revennes pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) Page 8 applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may talce judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Tide 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODiATRY BUILDING / (AZ-01-O10) Page 9 4.2 programs. To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 4.4 4.5 4.6 4.7 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment ~vhile maintaining its identity as a self-sufficient community. To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. 4.8 4.9 4.10 To establish compatible and efficient use of land through the use of innovative and functional site design. To encourage a balance of land use patterns to insure that revenues pay for services. To create an Urban Service Planning Area which is visually attractive, efficiently managed and dearly identifiable. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) Page 10 5. The zoning of General Retail and Service Commercial District (C-G) is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C,G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in dose proximity to maior highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to use the existing development and/or other uses. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The City of Idaho Fall~, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subiect to and controlled by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING/(AZ-01-010) Page 11 Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer ma]ce a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the ovmer of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owa~er, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately .99 acres to General Retail and Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. Th~ application is for annexation and zoning of .99 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-Oi-O10) Page 12 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff review and apProval of development permits required for the development of this property, as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 All future development of this property shall be allowed only after a Conditional Use Permit for a Planned Development has been secured from the City of Meridian (Meridian City Code 1 i-7-2 Q). 3.2 All parldng stalls shall be striped in accordance with standards adopted by the City of Meridian and in compliance with the ADA. 3.3 Landscaping shall be brought into conformance with the adopted Landscape Ordinance. This shall include additional trees as required and an irrigation system if there is not one provided on site. 3.4 A five-foot-wide sidewalk shall be required along Fairview Avenue. 3.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.6 Any existing domestic wells and/or septic system within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING/(AZ-01-OIO) Page 13 3.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.8 3.9 3.10 3.11 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1- 91 ) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. Off-street parldng shall be provided in accordance with the City of Meridian Ordinance 1 I- 13 for use of property. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide sidewallca in accordance with City Ordinance Section 12-5-2.K. 3.12 All construction shall conform to the requirements of the Alxxericans with Disabilities Act. 3.13 Applicant shall connect to all essential dty services, including water and sewer, prior to any uses on the property. Adopt the Recommendations of the Ada County Highway District as follows: 3.14 Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner shall be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to brealdng ground, in accordance ~vith Section 15 of ACHD Ordinance #193. 3.15 All utility relocation costs associated with improving street frontages FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING/(AZ-01-010) Page 14 abutting the site shall be borne by the developer. 3.16 Construct 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. The sidewalk shall be constructed 2-feet within the new right-of- way. 3.17 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. 3.18 Locate driveways, in conformance with current District policy when future redevelopment occurs. 3.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development or redevelopment of this parcel. 3.20 Comply with all the Standard Requirements within the Ada County Highway District's letter dated June 20, 2001. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code § 11-7-2 K. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the offidal boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING/(AZ-O1-010) Page 15 Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in reai property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of /~/~ v'¢ ~/~t~ ,2001. ROLL CALL COUNCILMAN RON ANDERSON day VOTED COUNCILMAN KEITH BIRD VOTED ~--~'-" COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAK. ER) DATED: VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-01-010) Page 16 MOTION: ~'~ APPROVEEL--~'~_ - DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Dated: Z:\WorkkMkMeridianWleridian 15360MWodlatry Bldg AZO l-OlOk&ZFfClsOrderTWO.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY MARSHAL OGDEN, BOISE PODIATRY BUILDING / (AZ-O1-010) Page 17 ~ APPENDIX A H._U BBL__E_ E__N__GIN E ERING , I NC. 701 S. Allen St., Suite 102 · Meridian, ID 83642 Pr~e~ No. 0105200 208/322-8992 · Fax 208/378-0329 November 8, 2001 DESCRIPTION FOR ANNEXATION / REZONE OGDEN PROPERTY A parcel of land located in the NWl/4 of the NE1/4 of Section 7, T.3N., R.1E., B. M., Ada County, Idaho and more particularly described as follows: Commencing at the corner common to Sections 5, 6, 7 and 8 of T.3N., R.1E., BM., from which the 1/4 corner common to said Sections 6 and 7 bears North 89°28'06' West, 26,40.98 feet; ~ thence North 89"28'06" West, 1513.68 feet on the line common to said Sections 6 and 7 to the REAL POINT OF BEGINNING; thence continuing on said common line North 89028'06'' West, 209.36 feet; thence leaving said common line South 00°42'04" West, 33.09 feet to a point on the southerly right-of-way of said Fair'view Avenue; thence continuing South 00°42'04" West, 175.98 feet; thence South 88°56'51'' East, 208.52 feet; thence Nor[h 00055'50'' East, 179.65 feet to a point on the said southerly right-of-way of Fairview Avenue; thence continuing North 00°55'50'' East, 31.32 feet to the Point of Beginning, containing 1.01 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. Patrick J. Scheffler, P.L.S. ~er!~(an Public Worl~ Dept. I:\WlP~VickJe~O01-LegalDescriptio ns\PJ S~An nexation- 11-08-01 ,doc rq