Ordinance NO. ORD-10-26 BY THE COUNCIL CORLESS, HALLYBURTON, MORALES, NASH, STEAD AND WILLITS. AN ORDINANCE (CAR22-00048) FOR PROPERTY LOCATED GENERALLY AT 6310 ORCHARD STREET ANNEXING APPROXIMATELY 41 ACRES 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 APPROXIMATELY 26 ACRES OF SAID LAND AS C-2D/DA (GENERAL COMMERCIAL WITH DESIGN REVIEW AND A DEVELOPMENT AGREEMENT) AND APPROXIMATELY 14.7 ACRES OF SAID LAND AS M-1D/DA (LIGHT INDUSTRIAL WITH DESIGN REVIEW AND A DEVELOPMENT AGREEMENT); ESTABLISHING AND DETERMINING THE SENSITIVE LANDS OVERLAY DISTRICT OF SAID LAND; AMENDING ZONING CLASSIFICATIONS OF THE CITY OF BOISE CITY TO CHANGE THE CLASSIFICATION OF REAL PROPERTY DESCRIBED IN SECTION SIX OF THIS ORDINANCE AND ADJACENT RIGHTS OF WAY FROM C-1D/DA (NEIGHBORHOOD COMMERCIAL WITH DESIGN REVIEW AND A DEVELOPMENT AGREEMENT) TO M-1D/DA (LIGHT INDUSTRIAL WITH DESIGN REVIEW AND A DEVELOPMENT AGREEMENT); SETTING FORTH A REASONED STATEMENT IN SUPPORT OF SUCH ANNEXATION AND ZONE CHANGES; 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; PROVIDING A WAIVER OF THE READING RULES; 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 annexation of said lands to the city; and, WHEREAS, the Boise City Council has found and determined that said lands and territory are contiguous and adjacent to Boise City and that annexation of said lands can reasonably be used for orderly development of the city 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 5, 2023, and recommended to the Mayor and Council that annexation be approved and approximately 26 acres of said lands be zoned C-2D/DA (General Commercial with Design Review and a Development Agreement) and approximately 14.7 acres of said lands be zoned M-1D/DA (Light Industrial with Design Review and a Development Agreement); and, WHEREAS, the Boise City Planning & Zoning Commission, pursuant to public notice as required by law, held a public hearing on June 5, 2023, and recommended to the Mayor and Council that a rezone be approved for lands within the city of Boise City limits changing the zoning designation of approximately 19.6 acres from C-1D/DA (Neighborhood Commercial with Design Review and a Development Agreement) to M-1D/DA (Light Industrial with Design Review and a Development Agreement); and, WHEREAS, the Boise City Council, pursuant to public notice as required by law, held a public hearing on June 3, 2025, and approved annexation of the property described in Section One below, and approved the rezone of property described in Section Six below and directed staff to prepare a revised Development Agreement, findings, and amended conditions of approval to be presented at a future date; and, WHEREAS, on March 3, 2026, the Boise City Council held a hearing and approved the revised Development Agreement, findings, and conditions of approval. 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 (Legal Description) and depicted in Exhibit B (Map), 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 incorpo¬rated 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 One hereof and annexed as provided by said Section shall be subject to all the statutes pertaining to the city of Boise City and all ordinances, resolutions, police regulations, taxation and other powers of the city 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 the city of Boise City. Section 3. Pursuant to the findings of the Boise City Council, the land use classifi-cation of the annexed lands described in Exhibit A and depicted in Exhibit B attached hereto are established as two separate zoning districts. Section 4. Approximately 26 acres of said annexed lands, more particularly described in Exhibit C (Legal Description) and depicted in Exhibit D (Map) and by reference made a part hereof is hereby fixed and established as C-2D/DA (General Commercial with Design Review and a Development Agreement), as provided by the Boise Zoning Code. Section 5. Approximately 14.7 acres of said annexed lands, more particularly described in Exhibit E (Legal Description) and depicted in Exhibit F (Map) and by reference made a part hereof is hereby fixed and established as M-1D/DA (Light Industrial with Design Review and a Development Agreement), as provided by the Boise Zoning Code. Section 6. The land use zoning classification of approximately 19.6 acres of the following described lands currently within the city of Boise City, Idaho, as set forth in Exhibit G (Legal Description) and H (Map) are amended and reclassified from C-1D/DA (Neighborhood Commercial with Design Review and a Development Agreement) to M-1D/DA (Light Industrial with Design Review and a Development Agreement) pursuant to the procedures and requirements of Idaho Code Title 67, Chapter 65 and Boise City Code Title 11, Chapter 5, and the Boise City Comprehensive Plan, as a result of changed circumstances and to promote the public health, safety, and welfare. Section 7. The lands and territory particularly described in Section One and Section Six hereof are subject to the AI-O (Airport Influence Area Overlay) and WUI-O (Wildland Urban Interface Overlay) Sensitive Lands Overlay District and the standards in Title 11, Chapter 2, Section 7, Boise City Code as modified from time to time by Boise City ordinance. Section 8. Pursuant to Idaho Code Section 67-6535, the Boise City Council hereby adopts the following Reasoned Statement in support of the Annexation and Rezone: The annexation and rezone comply with the requirements of the Development Code, BCC Section 11-03-04.15 (Annexation) and BCC Section 11-03-04.3 (Rezone). The property abuts Boise City limits on all sides and is located within the Area of City Impact and Sewer Planning Area. Comments provided by public agencies confirm services are available to the site and the annexation will have minimal impact on cost of services as the property is effectively surrounded by land already within City limits. The proposed C-2D/DA is consistent with the proposed Commercial Land Use designation and the proposed M-1D/DA (Light Industrial with Design Review with Development Agreement) zone is consistent with the existing Industrial land use designation. Both proposed zoning districts are appropriate as the Comprehensive Plan calls for uses that are compatible with the Boise Airport Planning Area, and both commercial and industrial uses are deemed compatible. Additionally, the proposed commercial uses will support the necessary industrial development. The inclusion of a development agreement modifications will require there is a site reserved for a future fire station, which will be dedicated to the City in early stages of the development to ensure construction can begin on the fire station in a timely manner and as funds become available for construction and staffing. Section 9. The City Engineer of the city of Boise City is hereby directed to lodge and file with the City Clerk of the city of Boise City within ten (10) days after the passage and approval hereof, a legal description and map prepared in a draftsman like manner, which shall plainly and clearly designate the boundaries of the lands and territory annexed pursuant to the provisions of Section One hereof. Section 10. The zoning maps of the city of Boise City, Idaho, are hereby changed, altered, and amended to include the real property described in Exhibits C and D in the land use classification of C-2D/DA (General Commercial with Design Review and a Development Agreement). Section 11. The zoning maps of the city of Boise City, Idaho, are hereby changed, altered, and amended to include the real property described in Exhibits E and F in the land use classification of M-1D/DA (Light Industrial with Design Review and a Development Agreement). Section 12. The zoning maps of the city of Boise City, Idaho, are hereby changed, altered, and amended to include the real property described in Exhibits G and H in the land use classification of M-1D/DA (Light Industrial with Design Review and a Development Agreement). Section 13. The City Clerk of the city 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 the legal description and map referenced and incorporated by Section One hereof, 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 14. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with. Section 15. That this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. ADOPTED by the Council of Boise City, Idaho, on March 24, 2026. APPROVED by the Mayor of the Boise City, Idaho, on March 24, 2026. APPROVED: ATTEST: Lauren McLean, Mayor Jamie Heinzerling, City Clerk