Z - De-Annexation Ordinance from BoiseM11T
B 0 I S E.
C I T Y O F T R E E 5
TO: Mayor and Council
City of Boise
Ordinance
Annexation
FROM: Hal Simmons, Planning and Development Services
NUMBER: ORD -10-16
DATE: February 25, 2016
SUBJECT: CAR16-00003 / Devco, LLC /Ordinance
BACKGROUND:
Planning and Development
Services
150 N Capitol Blvd
Boise, ID 83702
1-800-377-3529
The applicant intends on developing a large mixed use project as per their conceptual plan along Overland
Road and this development includes the subject property. Due to these future development plans and the
unique site constraints associated with the property the applicant is requesting to de -annex the
approximately 42 acre subject property and develop a majority of the project within the City of Meridian.
FINANCIAL IMPACT:
None
ATTACHMENTS:
• Exhibit A (Parcel B Legal and Map) (PDF)
• CC_CITY COUNCIL PROJECT REPORT APRIL 5, 2016_CAR16-00003 (PDF)
• ORD 10-16 De -Annexation Recorded Document (PDF)
• ADA CO. DEVELOPMENT ACKNOWLEDGEMENT RECEIPT DE -ANNEXATION
ORD 10-16 (MSG)
• Electrical Bureau Acknowledgement Receipt for DE -ANNEXATION ORDINANCE 10-
16 (MSG)
• Idaho Power Acknowledgement Receipt for RE DE -ANNEXATION ORDINANCE 10-
16 (MSG)
• Intermountain Gas Acknowledgement Receipt for DE -ANNEXATION ORD 10-16
(MSG)
CITY OF BOISE
• POLICE ACKNOWLEDGEMENT RECEIPT RE DE -ANNEXATION ORDINANCE
10-16 (MSG)
• PW ACKNOWLEDGEMENT RECEIPT OF DE -ANNEXATION ORDINANCE 10-16
(MSG)
• United Water -Suez Acknowledgement Receipt for DE -ANNEXATION ORD 10-16
(PDF)
• Finance Dept. Acknowledgement Receipt for DE -ANNEXATION ORDINANCE 10-16
(MSG)
• Legal Notice ORD 10-16 (PDF)
• Idaho Humane Society Acknowledgement Receipt for ORD 10-16 (MSG)
• Ada Co. Sheriffs Acknowledgement Receipt ORD 1-=16 (PDF)
• PW Acknowledgement Receipt for ORD 10-16 (PDF)
• Ada Co. Billing Services Acknowledgement Receipt ORD 10-16 (PDF)
• Idaho State Tax Commission Acknowledgement Receipt ORD 10-16 (PDF)
• Cableone Acknowledgement Receipt ORD 10-16 De -Annexation (PDF)
• Ada Co. Devolopment Services Acknowledgement Receipt (PDF)
CITY OF BOISE
Ordinance NO. ORD -10-16
BY THE COUNCIL CLEGG , JORDAN, LUDWIG, MCLEAN,
QUINTANA, AND THOMSON
AN ORDINANCE (CAR16-00003 / DEVCO, LLC FOR PROPERTY LOCATED AT 2301
S. CLOVERDALE ROAD) DE -ANNEXING 42.2 ACRES OF CERTAIN LANDS AND
TERRITORY SITUATED IN THE CITY OF BOISE CITY, ADA COUNTY, IDAHO,
SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH DE -
ANNEXATION; DIRECTING THE CITY ENGINEER TO LODGE AND FILE A
LEGAL DESCRIPTION AND MAP FOR SAID DE -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 DE -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.
WHEREAS, the owner of the lands and territory, situated in Ada County and
particularly described in Section One of this ordinance, has agreed to de -annexation of said lands
to the city; and
WHEREAS, the Boise City Council has found and determined that de -annexation of said
lands can reasonably be used for orderly development of Boise City; and
WHEREAS, the City of Boise may de -annex and thereby exclude property from its
boundaries pursuant to Idaho Code Section 50-225; and
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 the City of Boise, Ada County, Idaho,
and 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, de -annexed from 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 de -annexed as
provided by said Section shall be subject to all the statutes pertaining to Ada County and all
ordinances, resolutions, police regulations, taxation and other powers of Ada County, and all
CITY OF BOISE
persons and property within the territory so de -annexed shall be and are entitled to all benefits
and rights as are the persons and property presently within the corporate territorial limits of
Ada County.
Section 3. Pursuant to the findings of the Boise City Council, the land use classification
of the lands described in Exhibit "A," are de -annexed hereto based on the following
reasoned statement::
The Boise City Comprehensive Plan Land Use Map designates the site as Suburban Land Use
with a density from 3 - 5 units per acre. The de -annexation request would facilitate a large mix
use development comprised of residential and commercial uses. This proposed conceptual plan
anticipates a residential density for the subject property at 3.9 units per acre, which is consistent
with the Comprehensive Plan suburban land use designation. There are polices within the Plan
that encourage cooperation between local governments regarding growth and that public
facilities are developed in a logical manner (Polices PDP4.land PDP9.1). The de -annexation
will promote the development of a large area under a single jurisdiction. In addition, the Boise
City Public Works Sewer Master Plan assumes this site would be developed within the City of
Meridian due to site constraints.
Section 4. 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 de -annexed, pursuant to the provisions of
Section 1 hereof.
Section 5. The zoning maps of Boise, Idaho, are hereby changed, altered, and
amended to exclude the real property described in Exhibit "A" above from the Boise City limits.
Section 6. 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 50-225 and 63-215, Idaho Code.
Section 7. That this Ordinance shall be in full force and effect immediately upon its
passage, approval and publication.
CITY OF BOISE
ADOPTED by the Council of Boise City, Idaho, on April 19, 2016.
APPROVED by the Mayor of the Boise City, Idaho, on April 19, 2016.
APPROVED: ATTEST:
David H. Bieter, Mayor
Ly da Lowry, Ex -Officio City Clerk
Sawtooth Land Surveying, LLC
iv �r
r P! (208) 398 8104 F: (208) 398 8105
2030 8. Washington Ave., Emmett, ID 83G 17
January 4, 2016
Movado Parcel B Legal Description
A parcel of land located in the NE114 and the SE1/4 of Section 21, T. 3 N., R. 1 E., B.M., within
the City of Boise, and Ada County, Idaho, more particularly described as follows;
COMMENCING at a found brass cap marking the N1 comer of Section 21;
Thence South 89013'35" East, coincident with the north line of the NE1/4 of said Section 21, a
distance of 1338.43 feet to the E1/16 comer common to Sections 16 and 21;
Thence South 0024'28" West, coincident with the west line of the E1/2 of the NE1/4 of said
Section 21, a distance of 794.28 feet to the POINT OF BEGINNING;
Thence South 89013'17" East, 187.44 feet to the westerly line of Cloverdale West Subdivision
as shown on file in Book 39 of Plats at Page 3260, Ada County Records;
Thence South 71122'14" East, 69.14 feet to the southwest comer of said Cloverdale West
Subdivision and the northwest comer of Crawford Place Subdivision as shown on file in Book
79 of Plats at Page 8411, Ada County Records;
Thence South 7121'57" East, coincident with the westerly boundary of said Crawford Place
Subdivision, 173.00 feet;
Thence South 27006'57" East, coincident with the westerly boundary of said Crawford Place
Subdivision, 100.00 feet;
Thence South 45021'57" East, coincident with the westerly boundary of said Crawford Place
Subdivision, 550.00 feet;
Thence South 54006'57" East, coincident with the westerly boundary of said Crawford Place
Subdivision, 822.94 feet to the east line of said NEI/4 of said Section 21;
Thence South 0137'54" West, coincident with said east line of the NE1/4 of Section 21, a
distance of 684.48 feet to a found aluminum cap marking the E1/4 corner of said Section 21;
Thence North 89°08'00" West, coincident with the south line of said NE1 /4 of Section 21, and
the northerly line of Muir Woods Subdivision No. 1, as shown on file in Book 80 of Plats at
Page 8553, Ada County Records, 209.88 feet to the centerline of the Ridenbaugh Canal;
P:12015115071-CMG-BIENAPFL COMM LIN ITYWrawings0escriptionsW OVADO RESIDENTIAL BNDRY LEGAL CITY
PARCEL B.docx
Page 11
Thence South 39051'57" West, coincident with said northerly line of Muir Woods Subdivision
No. 1, and the centerline of said Ridenbaugh Canal, 253.25 feet;
Thence South 65004'09" West, coincident with said northerly line of Muir Woods Subdivision
No. 1, and the centerline of said Ridenbaugh Canal, 100.00 feet;
Thence North 84°03'21" West, coincident with said northerly line of Muir Woods Subdivision
No. 1, and the centerline of said Ridenbaugh Canal, 870.36 feet to a point on the west line of
the E112 of the SE1/4 of said Section 21;
Thence North 0113'41" East, coincident with said west line of the E112 of the SE1A of Section
21, a distance of 163.30 feet to the CE1/16 comer of said Section 21;
Thence North 0124'28" East, coincident with said west line of the E1/2 of the NE1/4 of Section
21, a distance of 1864.88 feet to the POINT OF BEGINNING;
The above described parcel contains 42.18 acres more or less.
Basis of Bearings is North 89013'35" West, between the found aluminum cap marking the
corner of Sections 21, 22, 16 and 15 and the found brass cap marking the 114 corner common
to Sections 16 and 21, all in T. 3 N., R. 1 E., B.M.
P:12015115071-CMG-BIENAPFL COMMUNITY\Drawings\Descriptions\MOVADO RESIDENTIAL"RY CEIGAL CITY
PARCEL B.docx
12 FEB Z Z 2016
PSUBDIV S ONS
BASIS Of
N114 COR r r gay
E. OVERLAND RD.
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EXHIBIT
MOVADO RESIDENTIAL PARCEL B
SECTION 21, T. 3 N., R. i E., B.M.
CITY OF BOISE AND
ADA COUNTY, IDAHO
PARCEL B
MOVADO RE&DENTIAL
42 to Acs
CLOVERDALE WESTSUaDMSKW
CRAWFORD PLACE SUBOWSION
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PROJECT OMERIDEVELOPER 2030 S. WASNlNGTONAVE DWG#
MOVADO RESIDENTIAL , xN EMMETI', !D 83877 15071
PARCEL 8 DEVCO LLC. P.208 398-8104 PRoJEcT#
O F.' (208)398-8905 15071
400 t1 G SHAT
DATE -0112016 1 OF 1
Ordinance NO. ORD- 10-.16
BY THE COUNCIL CLEGG , JORDAN, LUDWIG, MCLEAN.
QUINTANA, AND THOMSON
AN ORDINANCE (CARItr-00003 / DEVCO. LLC R)R PROPERTY LO-
CATED AT 2301 S. CLOVERDALE ROAD) DE -ANNEXING 42.2 ACRES OF
CERTAIN LANDS AND TERRITORY SITUATED IN THE CITY OF BOISE
CITY, ADA COUNTY, IDAHO, SETTING FORTH A REASONED STATE-
MENT IN SUPPORT OF SUCH DE -ANNEXATION: DIRECTING THE CITY
ENGINEER TO LODGE AND FILE A LEGAL DESCRIPTION AND MAP
FOR SAID DE -ANNEXED LANDS AND TERRITORY, PROVIDING TI•IAT
COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUN-
TY AUDITOR, THE ADA COUNTY TREASURER, THE ADA COUNTY AS-
SESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX
COMMISSION; PROVIDING THAT A COPY OF SAID LEGAL DESCRIP-
TION AND MAP OF SAID DE -ANNEXED LANDS AND TERRITORY BE
RECORDED WITH THE ADA COUNTY RECORDER AND FILED WITH
THE ADA COUNTY ASSESSOR AND THE IDAHO STATE TAX COMMIS-
SION, AS'REQUIRED,BY LAW; AND PROVIDING ANd FF.CTIV E:DATE.
WHEREAS,,die owner of the lands and terrilQry„situated in Ada County
and particularly described in Section One of this ordinance; has agreed to do -an-
nexation of sai6lands to the city: and -
WHEREAS, the Boise City Council has found and determined that de -
annexation of said,lands can.reasonablybe used fororderly development of Boise
City: and
WHEREAS, the City of+Boise may de -annex -and thereby exclude property
from its boundaries pursuant toildaho Code Section 50-225; and
NOW, THEREFORE, BE IT ORDAINED ABY THE MAYOR AND COON -
CII, OF THE CITY OF BOISE CITY, IDAHO:
Section 1. The lands and territory situated in the City of Boise, Ada County,
Idaho, and particularly described in Exhibit A, anachedtliereto and by reference
made a part of this ordinance as though fully set forth herein, be, and the same are
hereby, de -annexed from 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 l hereof and de
annexed as provided by said Section shall be subject to all the statutes pertaining
to Ada County and all ordinances, resolutions, police regulations, taxation and
other powers of Ada County, and all persons and property within the territory so
de -annexed shall be and are entitled to all -benefits and rights as are the persons and
property presently within the corporate territorial limits of Ada County..
Section 3; Pursunnbto the findings ofithe Boise City Council, the land use
classification of the lands described in Exhibit "A' are de-annexed'hereto baud
on the following reasoned statement::
The Boise City ComprehensivePlan Land Use Map desigaates the site as Subur-
ban Land Use with a density from 3 - 5'units.per acre. -The de -annexation request
would facilitate a large mix use development comprised of residential and com-
mercial uses. This proposed conceptual plan anticipates a residential.density for
the subject property at 3.9 units per acre, which is consistent with the Compre-
hensive Plan Suburban land use designation. There are polices within the Plan
that encourage cooperation'between local governments regarding,gmwth and that
public facilities are developed in a logical manner (Polices PDP4.Iand P.DP9.1).
The re -annexation will promote the development of a large area under a single
jurisdiction. In addition, the Boise City Public Works Sewer Master Plan assumes
this site would be developed within the City of Meridian due to site constraints.
Section 4. The City Engineer of Boise City is hereby directed to lodge and
file with the City Clerk of Boise City widkin ten (10) days after the passage and
approval hereof, a legal description and map prepared in a dmftsmanlike manner
which shall plainly and clearly designate the boundaries of the lands and territory
de -annexed, pursuant to the provisions of Section I hereof.
Section 5. The zoning maps of Boise, Idaho, are hereby changed, altered, and
amended to exclude the real property described in Exhibit "A' above from the
Boise City limits.
Section 6. 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 `Measurer, 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, Add Counry Recorder and the Idaho State Tax Commission,
all as providedby Sections 50-225 and 63-215, Idaho'Code.
Section 7. That this Ordinance sh Ibe in full force and elTecuirmnediately
upon its passage, approval and,publication.
ADOPTED by the Council ofrBoise City, Idaho, on April 19, 2016.
APPROVEDibythe Mayor of the!Roise City, Idaho, on April 19, 2016.
APPROVED'
ATTEST.
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