HomeMy WebLinkAbout848 Cobblestone Subdivision Stamas• -- ~~~~~ ~ ^`CORDEO-REQUEST F -
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~L~A CflIINTY RECOR4ER
~~ s. o~~v~a a,4v~RRO FEE -DEPUTY '`~~
_~~sr. 3o:ti:io
1999 DE 22 PPS t = 25 5P~° 9 912 l 3 3 3
CITY OF MERIDIAN
ORDINANCE NO. ~~~
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT
TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN
WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED HIGH DENSITY RESIDENTIAL DISTRICT (R-40);
AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID
PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND
DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF
THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY
RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-
223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
• SECTION I. FINDINGS: That the following described land is contiguous and adjacent
to the City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of
Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being
more particularly described as follows:
Commencing at a brass cap monumenting the northeast corner of said Section 18,
said corner being the TRUE POINT OF BEGINNING, from which the North 1/4
corner of said Section 18 bears South 89°46'18" West 2,654.20 feet;
thence South 00°31'19" West 565.45 feet along the Easterly boundary of said
Section 18 and the center line of South Locust Grove Road;
thence leaving said section line and center line South 89°41'24" West 474.70 feet
parallel with and lying 48.5 feet northerly from the north line of that certain
warranty deed recorded as Instrument No. 700676 in the records of Ada County,
• Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1
recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho:
ANNEXATION AND ZONING ORDINANCE - I
f - ~ . ~ ~ /
thence along the easterly boundary of said subdivision North 00°58'43" East
378.88 feet an angle point in said easterly boundary line;
• thence continuing along said easterly boundary line extended North 02°14'38"
West 187.40 feet to a point on the Northerly boundary of said Section I8;
thence along said Northerly boundary North 89°46' 18" East 480.70 feet to the
TRUE POINT OF BEGINNING.
Said parcel contains 6.16 acres, more or less.
SECTION 2: That the above-described real property be, and the same is hereby
annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City
of Meridian hereinabove described shall be zoned High Density Residential District (R-40).
SECTION 4: ~ That the City Engineer is hereby directed to alter all use and area
maps as well as the official zoning maps, comprehensive plan and all official maps depicting the
boundaries of the City of Meridian in accordance with this ordinance.
• SECTION S: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 6: This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days
following the effective date of this ordinance, duly file a certified copy of this ordinance and a
map prepared in a draftsman manner plainly and clearly designating the boundaries of the City
of Meridian, including the lands herein annexed, with the following officials of the County of
Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the
State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223.
•
ANNEXATION AND ZONING ORDINANCE - 2
~ . ~ .~~- ~ w,.
•
P SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of
OI/Qh2~ , 1999.
AP ROVEI~~ BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of
O(~~~ , 1999.
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ATTEST:
ITY CLERK
STATE OF IDAHO,)
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County of Ada. )
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On this % day of~0'L~Gh~,s~ , 1999, before me, the
undersigned, a Notary Public in and for said State, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of
the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged
to me that the City of Meridian executed the same.
official seal,
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
and year first above written.
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NOTARY PUBLIC FOR IDAHO
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MY COMMISSION E IRES: -oa-
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ANNEXATION AND ZONING ORDINANCE - 3
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
• To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Cleric, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. g~8,
passed by the City Council of the City of Meridian, on the ~6f'~ day of oveh•~~
1999, is a true and correct copy of the original of said document which is in the care,
custody and control of th~e~,~~l~y„Clerk of the City of Meridian.
.~~` '~~.
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WILLIAM G. BERG, JR.
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STATE OF IDAHO,'''~~,e'~. ~,,~~`~~~``
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SS.
County of Ada, )
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On this ~~ day of sli'e~yv~ , in the year 1999, before me,
~ !~. yy~~C,N , a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
h~.e~t~r~"""~e same on behalf of the City of Meridian.
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• CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
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CITY OF MERIDIAN
ORDINANCE NO. (648
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT
TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN
WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF
MERIDIAN AND ZONING DESIGNATED HIGH DENSITY RESIDENTIAL DISTRICT (R-40);
AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID
PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND
DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF
THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY
RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-
223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent
to the City of Meridian, Idaho, and that the City of Meridian has .received a written request for
annexation to the City of Meridian, Idaho, by the owner of said Property to -wit:
A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of
Section 18, T.3 N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being
more particularly described as follows:
Commencing at a brass cap monumenting the northeast corner of said Section 18,
said corner being the TRUE POINT OF BEGINNING, from which the North 1/4
corner of said Section 18 bears South 89°46'18" West 2,654.20 feet;
thence South 00°31'19" West 565.45 feet along the Easterly boundary of said
Section 18 and the center line of South Locust Grove Road;
thence leaving said section line and center line South 89°41'24" West 474.70 feet
parallel with and lying 48.5 feet northerly from the north line of that certain
warranty deed recorded as Instrument No. 700676 in the records of Ada County,
Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1
recorded in Book 75 of Plats at Page 7794 in the records of Ada County, Idaho:
ANNEXATION AND ZONING ORDINANCE - 1
• 0
thence along the easterly boundary of said subdivision North 00°58'43" East
378.88 feet an angle point in said easterly boundary line;
thence continuing along said easterly boundary line extended North 02°14'38"
West 187.40 feet to a point on the Northerly boundary of said Section 18;
thence along said Northerly boundary North 89046'1 S" East 480.70 feet to the
TRUE POINT_OF BEGINNING.
Said parcel contains 6.16 acres, more or less.
SECTION 2: That the above-described real property be, and the same is hereby
annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinance annexed to the City
of Meridian hereinabove described shall be zoned High Density Residential District (R-40).
SECTION 4: That the City Engineer is hereby directed to alter all use and area
maps as well as the official zoning maps, comprehensive plan and all official maps depicting the
boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 6: This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
SECTION 7: The Cleric of the City of Meridian shall, within ten (10) days
following the effective date of this ordinance, duly file a certified copy of this ordinance and a
map prepared in a draftsman manner plainly and clearly designating the boundaries of the City
of Meridian, including the lands herein annexed, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the
State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223.
ANNEXATION AND ZONING ORDINANCE - 2
A
P / �_SED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ` day of
Gl/e ,Az -t- , I999.
AP R 1VEq BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of
1999.
ATTEST:
STATE OF IDAHO,)
: ss.
County of Ada. )
MA R
MOR4
QST 1 -sl
On this/� day of �(' ,4� , 1999, before me, the
undersigned, a Notary Public in and for said State, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of
the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged
to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official s and year first above written.
��!►� OV Bill
�O-T Alt Y i -
(SFrAL - NOTARY PUBLIC FOR IDAHO
pvBzti o c RESIDING AT:
•°'�y`rA ••••••9a`F`��••. MY COMMISSION EXPIRES: �l-
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ANNEXATION AND ZONING ORDINANCE - 3
0
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CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAtM G. BERG, JR., City Clerk, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No.
passed by the City Council of the City of Meridian, on the ,�—day of�l�eh�61, -
1999, is a true and correct copy of the original of said document which is in the care,
custody and control of thq(;jAy,Clerk of the City of Meridian.
SE bIL
CO WILLIAM G. BERG, JR.
0
STATE OF
ss.
County of Ada, )
&On this day ofin the year 1999, before me,
"-� 6 H _ , a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
hp,e!te ..
�e same on behalf of the City of Meridian.
•
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(S) ..•'���.�' Notary Public for Idaho
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rnsg\Z:\Work\M\Meridian 15360M\Cobblestone Village\CertificadonOfClerkOrd
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
Meridian City Council ting
November 16, 1999
Page 29
Bird: Second.
Corrie: Okay. Motion is made and seconded to approve Ordinance No. 848 with
suspension of rules, Mayor to sign, Clerk to attest. Roll -call vote; Mr. Anderson.
Anderson: Aye.
Corrie: Mr. Bentley.
Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 16. CONTINUE PUBLIC HEARING: REQUEST FOR CONDITIONAL
USE PERMIT FOR 96 -UNIT APARTMENT COMPLEX
(PROPOSED COBBLESTONE VILLAGE) BY STAMAS
CORPORATION/IONIC ENTERPRISES, INC. — SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN:
Corrie: Item No. 16 is a public hearing, continued public hearing. This is request
for conditional use permit for a 96 -unit apartment complex (proposed
Cobblestone Village) by Stamas Corporation / Ionic Enterprises, Inc., southwest
corner of Locust Grove and Franklin. Since this is continuous of the public
hearing, I'll open the public hearing and Staff first.
Stiles: Mr. Mayor, Council, I believe the applicant is here tonight to be able to
make a presentation on their proposal. I believe you have the recommendation
from Planning and Zoning Commission. They did recommend that some of the
three-story buildings that were adjacent to the Robersons, the Robersons live
right here, and they have asked that those buildings be reduced from the three-
story to two-story. Other than that, I believe they are here prepared to make the
presentation tonight.
Corrie: Okay. Thank you. Since this is a continuous public hearing, Ms. Butler, I
believe you're going to go present — okay.
uec-01-99 19:55
g •a z
MEMORANDUM
TO: Bill Gigray
FROM: Wilflam G. Berg, Jr. 4xz)
DATE: Thursday, AIOVember 4, 1999
0
CITY OF MERIDIAN
CITY CLERKS OFFICE
RE: Cobblestone Village Development Agreement
Enclosed is a copy of the documents I received from JoAnn Butler concemin,
the signing of the Desrolopment Agreement by ionic Enterprises, Inc. Please
review these documents and instructed me to the next step for the City Council.
Thank you_
** TX CONF I RMS z,', ON REPORT **
DATE TIME TO/FROM
12 12/01 15:48 LEGAL DEPARTMENT
MEMORANDUM
TO: Bill Gigray
AS OF DEC 0115:48 PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
EC --S 00'36" 002 124 "OK
CITY OF MERIDIAN
CITY CLERK'S OFFICE
FROM: William G. Berg, Jr.
DATE: Thursday, November 4, 1999
RE: Cobblestone Village Development Agreement
Enclosed is a copy of the documents I received from JoAnn Butler concerning
the signing of the Development Agreement by Ionic Enterprises, Inc. Please
review these documents and instructed me to the next step for the City Council.
Thank you.
13
10
MEMORANDUM
CITY OF MERIDIAN
CITY CLERK'S OFFICE
TO: Bill Gigray
FROM: William G. Berg, Jr. ID
4xz
DATE: Thursday, November 4, 9999
RE: Cobblestone Village Development Agreement
Enclosed is a copy of the documents I received from JoAnn Butler concerning
the signing of the Development Agreement by Ionic Enterprises, Inc. Please
review these documents and instructed me to the next step for the City Council.
Thank you.
2
Gx
Boise
Idaho Fails
Pocatello
Moffatt Thomas
MOFFATT THOMAS BARRETT ROCK & FIELDS, CHID.
JoAnn C. Butler
US Bank Plaza Building
208.385.5404 direct
101 S Capitol Blvd 10th FI
jab@moffatt.com
PO Box 829
Boise Idaho 83701 0829
November 2, 1999
Via Hand Delivery
208.345.2000
208.385.5384 fax
www.moffatt.com
REaEIVED
Will Berg, City Clerk N O V — 4 1999
City of Meridian CITY OF MERIDIAIN,
33 East Idaho
Meridian, Idaho 83642
Re: Cobblestone Village/Development Agreement/Consent Resolution
Your File: AZ -99-005
Our File: 21.671.1
Dear Will:
Enclosed are the following original documents:
1. Consent Resolution of Ionic Enterprises, Inc.
2. Signature pages for the Development Agreement by and between City of
Meridian and Ionic Enterprises, Inc.
3. Certificate of Authority, dated October 19, 1999 for Ionic Enterprises, Inc.
Marlene St. George from Bill Gigray's office will forward to you (following
confirmation with me in connection with some corrections being made to the
document) the final Development Agreement to be attached to the signature pages.
Sincerely,
JoAnn C. Butler
JCB/sh/la
Enclosures
cc:' -'-Paul Stamas (via fax w/out encl.)
Bryce Peterson (via fax w/out encl.)
Marlene St. George (via fax w/out encl.)
BOI MT1:269001.1
Moffatt Thomas
MOFFATT THOMAS BARRETT ROCK & FIELDS, CHTD.
JoAnn C. Butler
208.385.5404 direct
jab@moffatt.com
November 2, 1999
Via Hand Delivery
Boise
Idaho Falls
Pocatello
US Bank Plaza Building
101 S Capitol Blvd 10th FI
PO Box 829
Boise Idaho 83701 0829
208.345.2000
208.385.5384 fax
www.moffatt.com
PcF,IvED
Will Berg, City Clerk N 0 V — k 1999
City of Meridian CITY OF MERIDIAN
33 East Idaho
Meridian, Idaho 83642
Re: Cobblestone Village/Development Agreement/Consent Resolution
Your File: AZ -99-005
Our File: 21.671.1
Dear Will:
Enclosed are the following original documents:
1. Consent Resolution of Ionic Enterprises, Inc.
2. Signature pages for the Development Agreement by and. between City of
Meridian and Ionic Enterprises, Inc.
3. Certificate of Authority, dated October 19, 1999 for Ionic Enterprises, Inc..
Marlene St. George from Bill Gigray's office will forward to you (following
confirmation with me in connection with some corrections being made to the
document) the final Development Agreement to be attached to the signature pages.
Sincerely,
3-A" 0 ---
JoAnn C. Butler
JCB/sh/la
Enclosures
cc: Paul Stamas (via fax w/out encl.)
Bryce Peterson (via fax w/out encl.)
Marlene St. George (via fax w/out encl.)
BOt MT1:269001.1
State o,f'ldah.0
CERTIFICATE OF AUTHORITY
.3
TONIC ENT`ERPRISES�INC.
k : 1-c-
mak-a S .
File number'C'1301� ..79 .
I, PETE T. CENARRUSA, Secretary of State of.the State of'Idaho, hereby certify
that an Applicafion for Cert ificate of Authority toytransact business in this State, duly
executed, pursuant to the provisions of the`Idaho Bui siiness s orpdration Act, have been
received in.this°office and are .found to conforiit toy law
i f
�� tF � s �` -r'ter". .i j'. • '�—i+�!` ^y'"s`j�*'{fr�t - .,� .�
ACCORDII�V�GLY and bv�i,�rtue of the authoritti�ti,estted in me by law, I issue this
Certificate of,Authorit-v to transact.'business ih this`State attacH hereto a duplicate of the
Application for su litertifi��ife` ;' r� -�, ;} ``�� "•,ck
.{.; �j ref �` Y � .� -� •''�� � yt-ti J Y� �r
Dated: October 1g, 1999
SECRETARY OF STATE
202
APPLICATION FOR CERTIFICATE OF AUTHORITY -(For Profit)
(Instructions on Back of Application)
To the Secretary of State of Idaho:
The undersigned Corporation applies for a Certificate of Authority and states as follows:
1. The name of the corporation is
Ionic Enterprises, Inc.
2. The name which it shall use in Idaho is
Ionic Enterprises, Inc.:
3. It is incorporated under the laws of California
4. Its date of incorporation is �
5. The address of its principaoffice is One Sierra Gate Plaza 355B,
Roseville, CA 95678
6. The address to which correspondence should be addressed, if different from item 5, is
7. The street address of its registered office in Idaho is 1 664 S. Goldking Way, `Boise , ID
83709 Bryce Br Peterson
_ ,and its registered agent in Idaho at that address is y .
8. The names and respective business addresses of its directors and officers are:
.Name
Office
Address
Paul Z. Stamas
Director/Pf-CS.
5080 Wexburg Circle
Granite Bay, CA 95746
Debbie A. Stamas
Director
same
Dated:
Ionic Enterprises,.
Inc.
Customer Acct #
(COrp mei
s
(if using pre -paid account)
n
9Fv��``
��R
By
j
Paul Stamas
CK: 5848 CT: 39358 B8: 259511
President
1 8 INA = 188.88 MM M 12
Its
s
C�
(specify capacity of signer)
R
SECRETARY OF STATE
CERTIFICATE OF STATUS
DOMESTIC CORPORATION
I, BILL JONES, Secretary of State of the State of California, hereby certify.•
21 st January 98
That on the
day of ,19 ,
IONIC ENTERPRISES, INC.
became incorporated under the laws of the State of California by filing its Articles of
Incorporation in this office; and
That no record exists in this office of a certificate of dissolution of said corporation
nor of a court order declaring dissolution thereof, nor of a merger or consolidation which
terminated its existence; and
That said corporation's corporate powers, rights and privileges are not suspended on
the records of this office; and
That according to the records of this office, the said corporation is authorized to
exercise all its corporate powers, rights and privileges and is in good legal standing in the
State of California; and
That no information is available in this office on the financial condition, business
activity or practices of this corporation.
IN WITNESS WHEREOF, I execute this
certificate and affix the Great Seal of
the State of California this day of L
October 5, 1999
Secretary of State
''
SEC/STATE FORM CE -112 (REV. 9/95) OSP 99 20988 '1
r. uuo
CONSENT RESOLUTION
OF
IONIC ENTERPRISES, INC.
The undersigned, being all of the directors of IONIC ENTERPRISES, INC., a California corporation
(the "Corporation"), hereby take the following corporate actions without a meeting in accordance with the
general corporation laws of the state of California and the constituent documents of the Corporation:
"WHEREAS, the Corporation owns and is developing the real property located in Meridian,
Ada County, Idaho, more specifically described on Exhibit A hereto (the "Property"); and
"WHEREAS, the Corporation has submitted an application to the City of Meridian ("City") for
annexation and zoning of the Property and has requested a designation of High Density
Residential District (R40) for the Property; and
"WHEREAS, City's City Council approved certain Findings of Fact and Conclusions of Law
and Decision and Order which requires the Corporation to enter into a Development
Agreement before the City's Council takes final action on the annexation and zoning of the
Property to ensure that the Property is developed and the subsequent use of the Property
is in accordance with the terms and conditions of the Development Agreement, a copy of
which is attached hereto as Exhibit B.
"NOW, THEREFORE, BE IT RESOLVED, that the Corporation take whatever actions it
deems necessary and/or appropriate to execute and have executed by the City, and to
record the Development Agreement, there being sufficient direct or indirect benefits flowing
to the Corporation as a result thereof; and it is
"FURTHER RESOLVED that the officers of the Corporation, and each of them be, and they
are hereby jointly and severally authorized and directed on behalf of the Corporation to
negotiate, enter into, execute and deliver the Development Agreement and all other
documents as such officers shall individually or severally deem necessary, desirable or
appropriate and to take all such other and further actions as they shall deem necessary,
desirable, appropriate or expedient the execution and recordation of the Development
Agreement; and it is
"FURTHER RESOLVED, that the President of the Corporation, is hereby authorized to: (a)
sign, execute, certify to. verify, acknowledge, deliver, accept, file, and record any and all
instruments and documents; and (b) take, or cause to be taken, any and all such action in
the name and on behalf of the Corporation as the President deems necessary, desirable, or
appropriate in order to consummate the transactions contemplated hereby or otherwise
expedient to effect the purposes of the foregoing resolutions.
IN WITNESS WHEREOF, the undersigned have executed �s consent r solution effective October
, 1999.; ^
Paul Z.
CONSENT RESOLUTION • I
F:\APPS1wPDOCSW M\IONiC.ENT\RESOLL'T.CON
Director
J- I yyZt I Ut 1 1 1 ::S r br1 NMU 1 t_t rc P.019
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the patties have herein executed this
ao eement and Made it effective as hereinabove provided.
IONIC ENTERPRISES, INC., a California
Corporation
B:
Paul It. amas, President
Developer
Attest:
Secretary
BY RESOLUTION NO.
CITY OF MERLOIAN
BY:
MAYOR ROBERT D. CORRIE
Attest:
CITY CLERK
BY RESOLUTION NO.
ey/Z:1W0rkV% Meriden 15360NACabblestone Villagc`DcvclopAgr
DEVELOPMENT AGREEMENT - 13
STATE OF ORti'1A)
:ss
COUNTY O / )
chieda of , in the year 1999, before me,
j a Notary Public, personally appeared
Paull Stamas and , known or identified to me to be
the President and Secretary of Ionic Enterprises, Inc., who executed the
instrument or the persons that executed the instrument of behalf of said
corporation, and acknowledged to me ha n�ecutthe same on behalf of said
corporation.
(11--�U=�����
(SEAL) Notary Public for California
Commission expires:
U � ' SHARI DUR8IN
Comm. #1153492
«` NOTARY PUBLIC - CALIFORNIAN
STATE OF IDAHO ) , Yr PLACER COUNTY n
Comm. Exp. Aug. 29, 2001
:ss
County of Ada )
On this day of , in the year , before
me, a Notary Public, personally appeared Robert D: Come and William G. Berg,
know or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instiument or the person , that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
(SEAT.) Notary Public for Idaho
Commission expires:
DEVELOPMENT AGREEN2NT - 14
Meridian City Council Meeting
October 5, 1999
Page 6
Bird: The third is the first Tuesday. Isn't that vote?
Corrie: That's the – election day is the second. This will be the third when we have the
meeting.
Bird: Okay.
Corrie: Thank you.
Q4 TABLED 9/21199: ORDINANCE # -- ANNEXATION &
ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED
,COBBLESTONE VILLAGE -BY IONIC ENTERPRISES, INC.—SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN:
Corrie: Item No. 4 is tabled from 9/21/99. It was ordinance for annexation and zoning
of 6.15 acres for R-40 zoning with proposed Cobblestone Village by Ionic Enterprise,
Inc. I believe we received a letter. Council, Mr. Bentley.
Bentley: Yes, Mr. Mayor, it appears we have a letter from JoAnn Butler dated October
5th that they're still trying to get this Certificate of Goodstanding for Ionic Enterprises. 1
don't believe that it's been received; is that correct?
Corrie: Shari, is that correct?
Stiles: Yes.
Corrie: Okay. See if Ms. Butler's in the audience, but that's good. Okay.
Bentley: Mr. Mayor.
Corrie: Mr. Bentley.
Bentley: I move we table this to October 19tH
Anderson: Second.
Corrie: Motion made and seconded to table Item 4 until October 19, 1999. Any further
discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
5. TABLED 9/21/99: DEVELOPMENT AGREEMENT FOR EAGLE ROAD
PROFESSIONAL CENTER BY FERMOR, LLC – NORTH OF 1-84, WEST OF
EAGLE ROAD AND EAST OF ALLEN STREET:
R
October 1, 1999
MERIDIAN CITY COUNCIL MEETING: OCTOBER 5 1999
APPLICANT: IONIC ENTERPRISES, INC ITEM #: 4
REQUEST: ANNEXATION & ZONING OF 615 ACRES (FOR R-40 ZONING) FOR PROPOSED
COBBLESTONE VILLAGE
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: AWAITING INFORMATION FROM APPLICANT
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT: �/ j'I_
MERIDIAN POST OFFICE: I "E%�
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
OTHER:
Alli Materials presented at public meetings shall become property of the City of Meridian.
OCT- 5-1999( TUE) 11:30 SPINK&BUTLER 2083881001 P.001
SPINK & BUTLER
607 N. 8`h Street, Suite 310
P.O. Box 639
Boise, Idaho 83701
208/388-1000
208/388-1001 (fax)
E-mail Address: sblaw ,primenet.colrt
FAX COVER SHEET
TO: Paul Stamas (916) 783-3739
Bryce Peterson & Lisa Goold 323-8803
CC: Bill Gigray 288-2501
Will Berg 888-4218
FROM: JoAnn C. Butler
DATE: October 5, 1999
TIME: 11:26 AM
RE: Cobblestone Village/Meridian Application No. AZ -99-005
OUR FILE: 671.1
PcIEIVED
OCT - 5 1999
CITY OF MERIDIAN
MESSAGE: The Meridian City Council tabled until tonight the ordinance in connection with
the annexation and zoning for Cobblestone Village. The ordinance has been
tabled because the City has been waiting for the Certificate of Good Standing for
Ionic Enterprises, Inc. (the applicant) from the California Secretary of State.
We are continuing to follow up with the Secretary of State in California. I am
assuming that the City Council will table this item until its next hearing. I will be
attending the City Council hearing tonight and will monitor this matter.
Transmission is 1 page, including this cover sheet.
Contact Lisa Arnold or Jackie Call -Hildebrand at (208) 388-1000
if the entire transmission is not rcccived.
Original will _X will not be sent via U.S. Mail.
The information contained in this transmission is attorney privileged and confidential information which is intended
only for the use of the individual or entity named above. If you have received this communication in error, please
call the person and number named above. Collect calls accepted.
OCT 05 199 11:49 2083881001 PAGE.01
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 7
Bird: I move that we pass Resolution No. 254 and for the Council President to sign, the
clerk to attest with a suspension of rules.
Rountree: Second?
Anderson: Second.
Rountree: Been moved and seconded to approve the Resolution 254 with suspension
of rules. All those in favor?
MOTION CARRIED: ALL AYES
L TABLED 9/7/99: ORDINANCE # -- ANNEXATION &
ZONING OF 6.15 ACRES (FOR R-40 ZONING) FOR PROPOSED
COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.—SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN: (TABLE UNTIL 10/5/99)
Rountree: Next item on the agenda was tabled at our last meeting. It relates ;o the
annexation of 6.15 acres for zoning R-40 for proposed Cobblestone Village by Ionic
Enterprises, Inc. southwest corner of Locust Grove and Franklin. I've been advised
Ionic Enterprises has yet to be licensed to operate in the State of Idaho, so I would
recommend that Council consider tabling this item.
Bird: Mr. Mayor – Mr. President.
Rountree: Mr. Bird.
Bird: I move that we table the ordinance for`the annexation and zoning the 6.15 acres
for Cobblestone Village by Ionics Enterprises, Inc. until October 51n
Rountree: Is there a second?
Anderson: Second.
Rountree: Been moved and seconded that we table Item No. 1 until October 5th. Any
discussion? Mr. Bentley.
Bentley: Is that enough time?
Rountree: Should be. It should be.
Bentley: Okay. Thank you.
MERIDIAN CITY COUNCIL MEETING
SEPTEMBER 21, 1999
PAGE 8
Rountree: All those in favor of the motion signify by saying aye.
MOTION CARRIED: ALL AYES
2. TABLED 9/7/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW:
REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING,
RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE
VALLEY BAPTIST CHURCH / K. D. ROOFING—NORTH OF OVERLAND RD,
SOUTH OF 1-84 & EAST OF TEARE AVE: (APPROVE)
Rountree: Item No. 2 was tabled at our last meetings. Findings of and Conclusions of
Law for request for conditional use permit for church parking recreational use and
contractor's business by Treasure Valley Baptist Church/K.D. Roofing. This item was
tabled waiting for the publication of the annexation ordinance. I believe that's been
done. Any discussion, motion?
Bentley: Mr. President.
Rountree: Mr. Bentley.
Bentley: I move we approve the Findings of Fact and Conclusions of Law in decision
granting conditional use permit subject to conditions to Treasure Valley Baptist Church,
Inc. and K.D. Roofing.
Bird: Second.
Rountree: It's been moved and seconded to approve the Findings of Facts for Item No.
2. Any discussion?
Bird: I have none.
Rountree: It's a roll -call vote. Mr. Anderson.
Anderson: Aye.
Rountree: Mr. Bentley.
Bentley: Aye.
Rountree: Mr. Bird.
Bird: Aye.
• ~ ~. •
Meridian City Council
September 7, 1999
Page 7
Bird: Second.
Corrie: Motion is made by Mr. Rountree second by Mr. Bird to approve the final plat of
Maws No. 3 Subdivision incorporating all comments from. staff.:
Gigray: Mr. Mayor point of information. Item number 11 in the staff comments under.
site specific requirements references the need for a variance. With the permission of
the mover of the motion if it-passes, we would makethe appropriate changes to show
that that-variance has been granted and we would change that one provision in
conformance with Council action.
Corrie: Is there approval of -
Rountree: That's fine with me.
Bird: Yes.
Corrie: Any further discussion? All those in favor of the motion of the final plat approval
say aye. ~P
MOTION CARRIED: ALL AYES.
4. TABLED 8/17/99: ORDINANCE # -- ANNEXATION &
ZONING OF 6..15 ACRES (FOR R-40 ZONING) FOR PROPOSED
COBBLESTONE VILLAGE BY IONIC ENTERPRISES, INC.-SOUTHWEST
CORNER OF LOCUST GROVE & FRANKLIN:
Corrie: Mr. Gigray, I believe you have a comment here.
Gigray: Mr. Mayor and members of the Council, this matter was continued to
September 7t" on the basis that we had prepared. and the City Council had adopted
certain Findings of Fact and Conclusions of Law and Order of Decision finding that the
McClure's.were the owners of the property. We have subsequently received a
communication from JoAnn Butler representing the developer indicating that the
property had been sold to the applicant and then they-had requested some other
changes in the development agreement. One change to section 8.1, I do not'agree with
what they're proposing there and this has to do with, in case they are not found to be in
compliance with the conditions, the necessary time span and the events covering a
motion to deannex. Their position is that Ionic Enterprises, Inc. is now the owner. I have
not received a copy of any kind of deed indicating that this is the case. It is a California
corporation and the address given is in care of a local company. I really at this
particular juncture and I~had originally said that we need to reopen the hearing in order
to establish a finding to amend a finding show that the true owner of this property is and
Meridian City Council
September 7, 1999
Page 8
she had written back saying.that that wasn't necessary that it,was in the record and I
believe it was in her answer to questions 6y Councilman Rountree regarding ~Nho the
owner was. In this instance since the applicant is Ionic Enterprises; Inc. and Stamas
Corporation, if °we can establish that they are the true owners of this property with the
appropriate indication that the corporation is authorized to do business in the State of
Idaho by the Secretary of State, you may proceed to amend that development
agreement to provide for that change in the name of the owner because it seems to me
to be basically procedural since they were on the application anyway. But we just
haven't got all that worked out yet.
Corrie: Then we need an ordinance number here assigned. Is that correct?
Gigray: I believe you're holding the ordinance until the development agreement is
signed, and I don't think the Cterk has the development agreement.
Corrie: I thought you had it, I'm sorry.
Gigray: No.
Corrie: Okay, I'll entertain a motion to table this ordinance then.
Bentley: Mr. Mayor, how far out do we need to table this?
Gigray: I would just think the next meeting. Excuse me Mr. Mayor.
Bentley: Mr. Mayor, I move we table the annexation and zoning ordinance for 6.15
acres for Cobblestone Village until.September 21St
Bird:. Second.
Corrie: Motion made and second that we table until September 21, 1999 ordinance on
the Cobblestone Village annexation and zoning. Any further comments or discussion?
Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF 4.6 ACRES BY TREASURE VALLEY BAPTIST
CHURCH / K. D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF I-84 &
EAST OF TEARE AVE:
Rountree: Mr. Mayor I guess I would .like -to hear from staff if they have any comments
on the findings.
i
MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7.1999
APPLICANT: K?NIC ENTERPRISES, INC. AGENDA ITEM NUMBER: ,~~
REQUEST• ANNEXATION ~& ZONING FOR COBBLESTONE VILLAGE SUBDMSION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
NO NEW INFORMATION SUBMITTED
,k~`'~' ~~ i a
~,a,r~y
`~~~ 2~~~
~I"
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become properly of the City of Meridian.
;a~ `~;
,~
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 16
LOMR's are based on hydraulic engineering studies of the floodways and the flood
plains. And a'lot of times.theinformation that is gerier`ated from hese~LOMR's is much
more detailed than what the original flood study used and that's why the flood plain
areas are changed. Also the flood plain areas can be changed by the addition of fill
material in the,flood plain area. Several subdivisions that were developed.in the City of
Meridian chose to go in that direction bringing in fill, raising the elevation of the land
thereby taking it out of the flood plain area, but again this was done through a LOMR
and that has to be certified by an .engineer.
S
Anderson: And for clarification purposes are there some federal benefits that are
available'to you if you're in a flood plain or other options or what's the point of adjusting
the maps there?. 'Does that then make y'ou eligible for~flood insurance?
,, _ ,~
Smith: No, I think the adjustments~to the maps have- reduced the flood plain. areas and-
so it takesproperty out of the flood-plain area and takes you out of the need to
subscribe to~.flood insurance- requirements. ,, y
Anderson: Thank you. ,
.~ ,
Rountree: Mr. Mayor, I think your last comment answered the question I had for you
Gary, but,clarify it. You don't believe additional lands have been incorporated into either
the floodway or the flood plain that the_ LOMR essentially reduced the amount of land
that's occupied in this areas.
Smith: Yes, correct. The letters of map revision have in all cases that I know of
reduced tfietflood plain boundaries.
Rountree: 1 have a;question for Steve, he's not paying attention I know, but we're.
talking flood plains, floodways here. Has any of tli'is stuff been to'P & Z-and have you
seen any relief for our new citizen of the community that's having problems with FEMA
as it relates_to floodways, Mr. Humphrey? Have you reviewed this with respect to that
situation?
~ ~.:J
Siddoway: Mr. Mayor and Councilman Rountree, I did some research into the
requirements to revise those floodway maps and they were -the hydraulic engineer
that he was using. was doing the calculations.that;vvere necessary to determine if he
was in the floodway. The calculations clearly showed that he was in the floodway and
there seems to be no relief in that particular situation.
Rountree: Okay.
~.,
Corrie: Any further.questions? Okay, Ordinance #838.has been ask for a vote then.
So are you ready for the question, we'll have roll call vote.
ROLL CALL: ANDERSON, YEAt ROIJNTREE~,'YEA: BENTLEY, YEA. BIRD, YEA.
,g ~,
MOTION CARRIED: ALL YEAS.
7. ORDINANCE#`a __ --ANNEXATION & ZONING OF 6.15
ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY
•
MERIDIAN CITY COUNCIL MEETING
AUGUST 17, 1999
PAGE 16
LOMR's'are based on hydraulic engineering studies of the floodways and the flood
plains. And a lot of times the information that is generated from these LOMR's is much
more detailed than what the original flood study used and that's why the flood plain
areas are changed. Also the flood plain areas can be changed by the addition of fill +4
material in the flood plain area. Several subdivisions that were developed in the City of
Meridian chose to go in that direction bringing in fill, raising the elevation of the land
thereby taking it out of the flood plain. area, but again this was done through a LOMR
and that has to be certified by an engineer.
Anderson: And. for clarification purposes are there some federal benefits that are
available `to you if you're in aflood plain or other options or what's the point ofiadjusting
the maps there:? Does that then make you eligible for flood insurance? ~ ~,
Smith: No, I think the-adjustments to the maps haves reduced the flood `plain areas and'
so it takes. property- out of the flood plain area and takes you out of the need to
subscribe to flood insurance requirements.
Anderson': Thank you. ,
Rountree: Mr. Mayor, I think your last comment answered,the question I had. for you
Gary, but clarify it. You don't. believe additional lands have been incorporated into either
the floodway or the flood plain,that the LOMR essentially reduced the amount of'land
that's occupied in this areas.
Smith: Yes,. correct. The letters of map revision have in all cases that I know of
reduced the flood°plain boundaries.
Rountree: I have a question for Steve, he's not paying attention I know, but we're
talking flood plains, floodways here. Has any of this stuff been to P & Z and have you
seen.any relief for our new citizen of the community that's having,problems_with FEMA.
as it relates to floodways, Mr. Humphrey? Have you reviewed this with respect to that
situation?
Siddoway: Mr. Mayor and Councilman Rountree, I did some research into the
requirements. to revise those floodway maps and they were -the hydraulic engineer
that he was using was doing the calculations that were necessary to determine if he
was in the floodway. The calculations clearly showed that he was in the floodway and
there seems to be no relief in that particular situation:
Rountree: Okay.
Corrie: Any further questions? Okay, Ordinance #838 has been ask for a vote then.
So are you ready for the question, we'll have roll call ,vote°
ROLL CALL: ANDERSON, YEA. ROUNTREE,-YEA. BENTLEY, YEA. BIRD, YEA.
MOTION CARRIED: ALL YEAS. ~ ~ s ,~,
7. ''` ORDINlRNCE #~ -- ANNEXATI~ON~ &~ZONING OF 6.15
ACRES (FOR R-40 ZONING) FOR PROPOSED COBBLESTONE VILLAGE BY
! ~ F •
CITY OF MERIDIAN
ORDINANCE NO.
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT
TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
AND FINDING THAT THE OWNER HAS MADE A.,REQUEST FOR ANNEXATION IN
WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO' THE CITY OF
MERIDIAN AND ZONING DESIGNATED HIGH DENSITY RESIDENTIAL DISTRICT (R-40);
AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED
BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO;
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID
PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND
DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF
THE ORDINANCE AND -MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY
RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX
COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-
223 AND SECTION 63-2215.
° BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and adjacent
to the City of Meridian, Idaho, and that the City of Meridian has received a written request for
annexation to the City of Meridian, Idaho, ~by the owner of said Property to-wit:
A parcel of land being a portion of the Northeast 1/4 of the Northeast 1/4 of
Section 18, T.3N., R.IE., Boise Meridian, Ada County, Idaho, said parcel being
more particularly described as follows:
Commencing at a brass cap monuinenting the northeast corner of said Section 18,
said corner being the TRUE POINT OF BEGINNING, from which the North 1/4
corner of said Section 18 bears South 89°46'18" West 2,654.20 feet;
thence South 00°31'19" West 565.45 feet along the Easterly boundary of said
Section 18 and the center line of South Locust G"rove Road;
thence leaving said section line and center line South 89°41'24" West 474.70 feet
parallel with and lying 48.5 feet northerly from the north line of that certain
warranty deed recorded as Instrument No. 700676 in the records of Ada County,
Idaho to a point on the Easterly boundary of Medimont Subdivision No. 1
recorded in Boolc 75 of Plats at Page 7794 in the records of Ada County, Idaho:
ANNEXATION AND, ZONING ORDINANCE - 1
•
thence along the easterly boundary of said subdivision North 00°58'43" East.
378.88 feet an angle point in said easterly boundary line;
thence continuing along said easterly boundary-line extended North 02°14'38"
West 187.40 feet to a point on the Northerly boundary of said Section 18;
thence along said Northerly boundary North 89°46' 18" East 480.70 feet to the
TRUE POINT OF BEGINNING.
Said parcel contains 6.16 acres, more or less.
SECTION 2: That the above-described real property be, and the- same is hereby
annexed and made a part of the City of Meridian, Ada County, Idaho.
SECTION 3: That the real property herein by this ordinanceannexed to the City
of Meridian hereinabove described shall be zoned High Density Residential District (R-40).
SECTION 4: That the City Engineer is hereby directed to alter all use and area
maps as well as the official zoning maps, comprehensive plan and all official maps depicting the
boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: All ordinances,~resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 6: This ordinance shall be in full force and effect from and after its
passage, approval and publication, according to law.
SECTION 7: The Clerlc of the City of Meridian shall, within ten (10) days
following the effective date of this ordinance, duly file a certified copy of this ordinance and a
map prepared in a draftsman manner plainly and clearly designating the boundaries of the City
of Meridian, including the lands herein annexed, with the following officials of the County of
Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the
State of Idaho, all in compliance with Idaho Code §63°22.15 and §50-223.
ANNEXATION AND ZONING ORDINANCE - 2
•
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of
1999. -
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 'day of
1999. ~ -
MAYOR
~.
ATTEST:
CITY CLERK
STATE OF IDAHO,)
ss.
County of Ada. )
On this day of . , 1999, before me, the
undersigned, a Notary Public in and for said State, personally appeared ROBERT D.
CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of
the. CITY of Meridian, Idaho, and who executed the withinY instrument, and acknowledged
to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my°
official seal the day and year first above written.
(SEAL) NOTARY PUBLIC FOR IDAHO
RESIDING AT:
- MY COMMISSION EXPIRES:
msg\Z:\Work\M\Meridian 15360M\Cobblestone Village\AZ.ORD
,.ANNEXATION AND ZONING ORDINANCE - 3
A~
~a
MERIDIAN CITY COUNCIL MEETIPJG
AUGUST 17, 1999
PAGE 17 r ~:P
IONIC ENTERPRISES„ INC.-SOUTHWEST CORNER OF LOCUST GROVE &
FRANKLIN:
Corrie: Council it has been brought to my attention today that we have a problem here
and I would like to have the attorney tell you about it.
Gigray: Mr. Mayor and members of the Council, for your information I received a letter
dated August 12t" from JoAnn Butler representing the applicant in this. The issues here
have to do with the development agreement. I've been given some advice with regards
to a request to change the parties that would be in the development agreement. I think
that poses problems with the findings and the prior actions of the Council. There were
`some proposals with some ch<~nges, and I would request that the City Council consider
a table of this consideration until we get the issues of the development agreement. It's
been the practice of the City to not pass annexation and zoning until the development
agreement has been signed bE~cause it's a condition of the zoning designation the
development agreement is required. I think it's going to take us until the next Council
meeting to get this ferreted out. Hopefully we can get it resolved and back in front of
..you so you can take action.
.Bentley: Mr. Mayor I move we table the annexation and zoning ordinance of
Cobblestone Village until 9/7/99.
Bird: Second.
Corrie: Motion made and second to table this annexation and zoning request until
September 7, 1999 meeting. ,Any further discussion? Hearing none, all those in favor
of the motion say aye.
MOTION CARRIED: ALL AYES.
8. DEVELOPMENT AGREEMENT FOR TREMONT SUBDIVISION BY LUNA
VISTA, INC. BROADWAY & 8T" STREET (725 W. 8T"):
Corrie: Mr. Clerk, the development agreement has been signed.
Berg: Mr. Mayor, yes it has been signed.
Corrie: Any further discussion on the development agreement? I'll entertain a motion
on the development for Tremont Subdivision by Luna Vista Inc.
Bentley: Mr. Mayor I move we approve the development agreement for Tremont
Subdivision by Luna Vista, authorize the Mayor to sign and the Clerk to attest to the
resolution.
Anderson: Second.
CERTIFICATION OF THE CITY-CLERK OF TFiE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. ,
passed by the City Council of the City of Meridian, on the .day of ~ ,
1999, is a true and correct -copy of the original of said document which is in the care,
r custody and control of the City Clerk of the City of Meridian.
WILLIAM G. BERG, JR. s
STATE OF IDAHO, )
. ss.
County of Ada, )
On this day of , in the year 1999, before me,
a Notary Public, appeared
WILLIAM G. BERG, JR.; known or identified to me to,be the City Clerk of the City
of-Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
F
(SEAL)
Notary Public for Idaho
Commission Expires:_
msg\Z:\Worlc\M\Meridian 15360M\Cobblestone Village\CertificationOfClerlcOrd
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
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RUG-12-1999(THU) 14:18 ' SPINK&BUTLER 2083881001 P. 001
SPINK ~ BUTLER
607 N. 8`h Street, Suite 310
P.O.13ox 639
Bosse, Idaho 83701 REcEI~'~
2o8/3sg-looo ~ `QUG t. 2 1999
20$/388-1001 (fax)
E-mail Address: sblaw(a~pz~nr>enet.com CITY OF MERIDIAN
~~ COVER S)~EE~'
TO: Bill Gi~ray 288-2501
CC: Paul Stamas (916) 783-3739
Bryce Peterson & Lisa Goold 323-8803
'Will Berg, City Clerk 8$8-4218
FROM: JOAnn C. Butler
DATE: August 12, 1999
TIME: 1:48 PM
RB: Cobblestone Village/Your File AZ-99-005- _ ~r
OUR FILE: 671.1
MESSAGE: Bill, attached are pales from the draft Development Agreement that I Have marked with
comments.. Also attached are pages from the Meridian City Council Findings marked with comments. I
see that the Council adopted these Findings on July 20, 1999. You may or may not want to revise the
Findings to include these minor changes.
I have a few questions:
When will the Development Agreement be presented to the City Council?
WiII the Development Agreement be reviewed by the City Council only after the conditional use
approval (assuming approval)?
There are some references to the site plan in the Development Agreement. 1 assume the
Development: Agreement will be redrafted to reflect any changes to the site plan that occur
durir~ the conditional use process. Am I correct?
If the conditions of approval adopted in connection with the conditional use are inconsistent with
the conditions of development adopted by the City Council in connection with the annexation
?~ indin~rs and Conclusions, how is this inconsistency addressed?
Please call at your convenience.
Transmission is 12 pages, including this cover sheet.
Contact Liss Amold orJsekic Csll-Hildebrand sr (208) 388-]000
if the entire transmission is not received.
Original will _X will not be sent via U.S. Mail.
The information contained in this transmission is attomcy privileged and confidential information which~is intended only for the use of the
individual or entity named above. If you have received this Cotruttunicstion in error, please call the person and number named shove. Collect
calls accepted.
AUG 12 '99 14 34 2083881001 PAGE.01
HUG-12-1999(THU) 14:18 SPINK&BUTLER 2083881001 P. 002
• •
DEVELOPMENT AGREEI~IENT
PARTIES: 1. City of Meridian
2. ,
wife ~ s~-: • ~ sc...?cs Q t Y ~ ~ \ n c.. ~ a~ C cl. ~o r ~ ~ u ~o ~cta-ar-.
TIdTS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this day of , by and
between CITY OF MERIDZP,N, a municipal corporation of the State of Ydaho,
hereafter called "CITY", and i z~vr~T~~~~~~mr ~ - _ ~ »-rY rr m r ~~ T. ~ e u ~c. ~.KLK-'~Rl~ ~S ~
' ,hereinafter called "DEVELOPER.", whose ~Nc• ,ac~.t •~{°~"•`"
address is ~ ca ~ ~~'~" ~
`/o t3er.co ,~euel~~,Y.-.~"C.o.~ ~l.~y $.(„°~dkf•'~~~ 15u~1c~ 1~~ ~37~`~
1. RECITALS:
1.1 'VV~iERFAS, "Developer" is the sole owner, in Iaw and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Pxhibit A,'°which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
I.2 wHEItEA,S, Z.C. §67-6511A, ldaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Developer" make a written
commitment concexzung the use or development of the
subject "Property"; and
1.3 WHERF~A,S, "Czty" has exerdsed its statutoxy authozity by
the enactment of Ordinance 11-2-~16L and 11-2-417D,
which authorizes development agreements upon the
annexation and zoning of land; and
1.4 'WTXER F.A,S, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
Exhibit A, and has requested a designation of High Density
Residential District (R-40), (Municipal Code of the City of
Meridian); and
I ,5 wITEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning ~.
Zoning Commission and before the Meridian City Council,
DBVELOPMEN'~' AGZtEBMENT - 1
AUG 12 '99 14 34 2083881001 PAGE.02
HUG-12-1999tTHU) 14:18 SPINK&BUTLER 2083881001 P. 003
•
Ordinance codified in Title 11, Municipal Code of the Ciry
of Meridian.
NO'W', THEREFORE, in consideration of the covenants and
conditions set for~h herein, the parties agree as follows:
2 • II~ICORPORATX01~ Ol~ RECITALS: That the above reatals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFI,NITIOIVS: For,all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to tl~tis ,A.greement, which is a munidpal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
yo t,~„n~,,4e,,~wQ,,~.,1• t~., 3.2 "DEVEI.OI'ER": means and refers to ?r_R r. ~--~ . A `"~~°~`'y"'~'
~,,,,•~S. G~1ak.:aal..oa, ,whose address
Q~~x , ~~ 5310` is .
the party developing said "Property" and shall include any
• subsequent owner(s)/developer(s) of the "Property".
3.3 "PROI'ERTX": nneans and refers to that certain pazcel(s)
of "Property" located in the County of Ada, City of
Meridian as desczibed in E:rl~xbit " •A.", attached hereto and
by this reference incorporated herein as if set forth at
length.
~. 'USES PERMITTED BY THIS ,A.GREEMENT:
4. I The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Section 11-2-408 B.6. Meridian City Code
which are herein speafied as follows:
1R-40) Nigh Density Residential District• The purpose
of the (R-40) District is to pezmit the establishment of
high density residential uses at a density. not e.~ceeding
D}?'~Lr.OPME.l~1'I' AGR]EEM,ENT - 3
AUG 12 '99 14 35 2083881001 PAGE.03
RUG-12-1999(THU) 14:19 SPINK&BUTLER
2083881001 P. 004
•
forty (40) dwelling units per acre. Connection to the
Muniapal Water-and Sewer Systems of the City of
Meridian is required.
4.2 No change in the uses spedfied in this Agreement shall be
allowed without modification of this Agreement.
S. ~ DEVELOPMENT IN CONDIT~ONA.L USE: "Developer" has
submitted to "City" an application for conditional use permit, and shall be
requited to obtain the "City"'s approval thereof, in accordance to the City's
Zoning S.. Development Ordinance criteria, therein, provided, prior to, and as
a condition of, the commencement of constriction of any buildings or
improvements on the "Property" that require a conditional use permit.
6. CONDYTYOI~S GOVERNING DEVELOPMENT OF
SUBJECT PROPEZtTX:
6.1 "Developer" shall develop the "Property" in accordance
with the following spedal conditions:
6.1.1. The legal description shall be prepared by a
Registered Land Surveyor, Licensed by the State of
Ydaho, and shall conform to all the pzovisions of the
Ciry of Meridian Resolution No. 158. The legal
description for annexation must place this parcel
contiguous to the Corporate City Limits per
Ordinance No. 686. (See the Iegal description
attached as Exhibit "A" and incorporated here as if
set forth in full.)
~kl.r Y
6.2 Developer^enter into a Development Agreement, that
~ _ provides in the event the conditions therein are not met by
the Developer that the property shall be subject to de-
annexation, with the City of Meridian which provides for
the following conditions of development to-wit:
6.2.1 Any existing irrigation/drainage ditches crossing the
property to be included in this project, shall be tiled
per City Ordanax~ce ~ I -9-605.M. The ditches to be.
piped should be shown on the site plans. Plans will
need to be approved by the appropriate
inigation/draiziage district, or lateral users
association, with written confirmation of said
DEVELOPMENT AGREEII~EN'I' - 4
AUG 12 '99 14 35 2083881001 PAGE.04
RUG-12-1999(THU) 14:19 SPINK&BUTLER
~ ~&B~
~,. ~
2083881001 P. 005
388,
~_~
should be made foz the land uses in these azeas to
minimize the risk of pollution and to preserve the
natural beauty of Five Mile Creek
6.2.26Due to°the topography of the. site, the parcel
currently accepts drainage water from the iresidenual
properties to the south. This drainage will need to
be accommodated foz iin. the development of the i
property.
7. COM)?T.TA,NCE PEYtYOD/CONSENT TO ~ZOIV~: This
Agreement and. the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developez" or
~ "Developer~'s~'heirs; successozs, assions, to comply with Section 6 entitled
"Conditions ~overning Development of subject "Propexty" of this ageement
within two (2) years`o~ the date this Ab Bement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in I.C.
'§ 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE ANNEXATYON AND RE'VEREAL OF
ZONYNG DESYGNAT~OIV: -
"Developer" `consents upon default to the de-annexation and/or a
reversal of the Zoning designation of the "Fzoperty" subject to and conditioned
upon the following conditions precedent to-vvit:
8. l That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failuze within six (6) months
of such notice ro~,a~~ ,1...«we.~ k~c : ~ ~ cc~ c o j ~~"~-~e ~` ~,
w•~1,, ca~~~~- ~h. ~ ,1:~ccbc~„~ ~.~ w W.:.,. s~~ L•y ~ ~) rn,sr kti~.~,oa ~ o^`
9. YN'SPECT'>(ON: "Developer" shall, immediately upon completion
of any portion ox the entirety of said development of the "I'ropei:ty" as
required by this ab Bement or by City ordinance or polity, notify the City
Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion thereof in accordance with the terms
and conditions of this Development Agreement and all other ordinances of
the "City" that apply to said Development.
1 ~wt~~ s~.~~ ,os~.~~~~ c..~~~a~~ ~"~.
10. DEFAULT: .,,,,1rL A~1;~4 ~ 2 ~~:~";~a ~~,.. k~. k,...•-.
v14~.r ad k~ ~~e. a.~.l- ~~:~,,~ ehDb~ eyti~,,.Au1 `~1c.
.~„~ ~~~ t~.rcd ~ to p,.~6c ~ gas -{~h' cati"'~
DEVELOPMENT' AGREEMENT - 8
AUG 12 '99 14 35
a,.. ? ~ ...J~.
2083881001 PAGE.05
RUG-12-1999(THU) 14:19 SPINK&BUTLER 2083881001 P. 006
10.1 In the event "Developer", "Developer's heirs, successors, ~`
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Zroperty", fail to
faithfully comply with all of the teens and 'conditions
included in this Agxeement in connection with the
"Property", this .Agreement Wray be modified or terminated .
by the "City°' upon compliance with the requirements of
the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the breath and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
11. REQUZRENIENT FOR RECORDA,~'~ON: "City" shall record
eithez a memorandum of this Agreement or this Agreement, including all of the
~P ~ Exhibits, at "Developer~'s~cost, and submit proof of such recording to
"Developer", prior to the thud reading of the l~ezidian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by _the City
Council. Tf for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning o~ the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
12. ZONINCx: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zozang the
"Property" as specified herein.
13. RF,1Vf~Ll~S: This Agreement shall be enforceable ~ any court
of connpetent jurisdiction by either "City" or "Developer", or by any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein.
13.1 In the event of a material breach o£ this ,Agreement, the
parties agree that "City" and "Developer" shall ha~re thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
DEVE~,OPMEN'Z' AGREEMENT - 9
AUG 12 '99 1436 2083881001 PAGE.06
RUG-12-1999(THU) 14:20 SPI NK&BUTLER 2083881001 P. 007
i •
cITY'
DEVELOPER
do City Engineer
. qtr- 5~~.1
Ciry of Meridian e' ,~„r
33 E. Idaho Ave. G~~cv '
Meridian, ID 83642 -
with copy to:
City Clerlc
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
17.1 A parry shall ha~re the right to change its address by
delivering to the othez party a ~vvritten notification thereof
in accordance with the requirements of this section.
l 8. ,A~TTORNEX E'E~S: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as maybe granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a sepazate contract .between
the parries and shall survitve any default, termination or forfeiture of this
.A~Qreeznent.
19. TTlV1E YS OF THE ESSENCE: The patties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BXNDXNG YJZ'O1V SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the patties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shaIl be both benefitted and bound by the
DEVELOPMENT AGREEMENT - I1
AUG 12 '99 14 36 2083881001 PAGE. 07
HUG-12-1999(THU) 14:20 SPINK&BUTLER 2083881001 P. 008
ACIINOWI.EDGMENTS
I1V WYTNESS WHEREOF, the pazues have herein executed this
agreement and Made it effective as hereinabove provided.
1od1L ~a~+~eR.~ShS11Nt. ~ ~.~.~o~n.~.-
Cu(P~•~Iw
BY:
Be~-ele~er ~~~ ~ . s},~.~.s, P~- ~ ~.
~_
,., ~ . -
~ e
-~3~='~~aPer
CITY OF MERIDIAN
CITY OF MERIDIAN
BY:
MAYOR ROBERT D. CORRIE
Attest:
CITX CLERK
BX RESOLUTION NO.
ry/Z:\Wock\M\Meridian 15360M~Cobblescone VillagelDevelopAg
DE'vELOP1~NT AGREEMENT -13
AUG 12 '99 14 36 2083881001 PAGE.08
RUG-12-1999(THU) 14:20 SPINK&BUTLER ;
a
S'I'.A,TE OP YnAHO
COUNTX OF ADA
On this
me,
McClure and Bey
to be'the persons
executed the saki
:ss
2083881001 P. 009
,~c ~r C~l.~orc~.`r
of , in the year 1999, before
a Notary Public, personally appeared 1Vlonte C.
~cClure, husband and wife, Ialown or identified to me
executed the izlstzvment and aclaiowledged to me having
Notary Public for Idaho
Commission expires:
County of Ada
STATE OF T7~AI~0 )
'SS
On this day of , in the year ,
before me, a Notary Public, personally appeared Robert I.J. Cozzie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument ~of behalf of said City, and acknowledged to me that such City
executed the same.
(SEAL)
DEVELOPMENT AGREEMEM' - 14
Notary Public for Ydaho
Commission expires:
AUG 12 '99 14 36 2083881001 PAGE.09
RUG-12-1999(THU) 14:20_, SPINK&BUTLER 2083881001 ,P.O10
,~aG s88~
;~~~ ~~~
Municipal Code of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title I I, Municipal Code of the City of
,
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City of Mezidian adopted December 21, 1993, Ordinance No. 629, January 4,1994,
and maps and the ordinance Establishing the Impact Area Boundary.
~4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if' set forth in full, The property is approximately 6. I5 acres in size. The property is
located at the southwest corner of Locust Grove Road and Franklin Road, Meridian,
Idaho.
~~ .~ ~ ~..~.~ ?~ s~k ~t.~~ ~. h~. •t .,,,~.. a1r h~ ca~C~.• -c
~.c.~r,. ~.,~ ~~ mot` I,•~.Zbes...~ti~.~s.(~R.d ~ ~ ~..c. F...~P~•S~s
5. The Applicants, St z onzc n erpnses, nc., o Terra
Gate Plaza 3558, Roseville, California,e acting on behalf of the record ownexs
of the property Monte C. and Beverley J. lvlcCluxe of 2626 W. Penick Pointe Lane,
Meridian, Idaho, and has filed a written request for annexation and zoning.
6. The property is presently zoned by Ada County as Rural Transition (R-
T), and consists of a vacant single family dwelling.
7. The Applicant requesLS the property be zoned as High Density
Residenrial District (R-40).
8. The Applicant has requested the annexation and this zoning, and the
FINDINGS OF PACT AND CONCLUSIONS OF LAW -Page 3
AND DECISION AND OgpER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWEST CORNER OF LOCUST GROVE AND FRA`lVI<i..IN ROAD
AUG 12 '99 14:36 2083881001 PAGE. 10
-- _--- ¢JUl-~-T"FiCjC-
~IZVar HUB OF THE-1SURE VALLEY
ROBERT D. CORR~ ~ ~ A Good Place to Live ~ LEGAL DEPARTMENT
,,~-It ~[ m~~ ~ ~ CITY OF MERIDIAN `-u~'ss1.1'-`'y
PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83612 (~OSI ~S-''--=I I
RON ANDERSON Phone (208) 388-1.133 • Fax (208) 887-13 (3 PLANNING AND ZONING
KEITH BIRD DEPARTMENT
('0$)331-j~j}
FACSIMILE COVER SHEET
FAX NUMBER: ~~~] ~ ~ ~ ~~ DATE: I
TO: ~ ~ I OI "1
TiTLE/DEPA TMENT: ~I~1
CONFIDENTIAL: YES NO J~
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):~_
FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-42158-
NAME:
TITLE/DEPAR MENT: ~~Q/1~L
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
RUG-12-1999(THU7 1x:21 = SPINK&BUTLER 2083881001 P.O11
application was not initiated at the request of the City of Meridian.
9. The property is located at the southwest comer of Locust Grove Road
and Franklin Road, Meridian, Idaho.
10. The subject property is bordered to the west by N~edimont
(Stonebridge) Subdivision, to the south and east by Ada County Rural Transitional
properties and the city limits of the City of Meridian are adjacent and abut to the
north of the subject property across Franklin Road, currently zoned Genezal Retail
and Service Commercial (C-G).
l l . The land within the proposed annexation area is contiguous to the
present aty limits of the City of Meridian, and the annexation would not be a
shoestring annexation.
.12. The property which is the subject of this application is within the .Area
of Impact of the City of Meridian.
13. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning ,Area is defined in the Meridian
Comprehensive Plan.
x4. The applicant proposes to develop the subject property in the following
manner: the constnzction and development of a 96-unit apartment complex, to
include: 6 one bedroom units,
u~-ts~ 58 two bedroom units, 24 three bedroom units, and 8 four bedroom units,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4
AND DECISION A1VD ORDER GR.9NTZNG APPLICATION
FORANNEXATION ANI~ ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT THE SOUTHWES"I' CORNER OF LOCUST GROVE .AND FRANICLIN ROAD
AUG 12 '99 143? 2083881001 PAGE. 11
RUG-,12-1999(THU) 14:21 SPINK&BUTLER 2083881001 P. 012
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The application for annexation and a zoning designation of High
Density Residential District (12-40) of 6.15 aces located at the southwest comer of
Locust Grove Road and Franklin Road is granted.
2. The legal description shall be prepazed 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. 158. The legal description fox annexation must place this
parcel contiguous to the Cozporate City Limits per Ordinance No. 686. (See the
legal description attached as Exhibit "A" and incorporated hexe as if set forth in full.)
3. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation. (R-40) High
Density Residential Ordinance which shall not be finally approved by the City
Council until provisions of part 2 and 4 of this order have been met.
~u
`P 4. Developer enter into a Development Agreement, that provides in the
event the conditions therein are not met by the Developer that the .property shall be
subject to de-annexation, with the City of Meridian which provides-for the following
conditions of development to-wit:
4.1 Any existing irrigation/drainage ditches crossing the property to
be included in this project, shall be tiled per City Ordinance 11`-9-
605.M. The ditches to be piped should' be shown on the site
plans. Plans will need to be approved by the appropriate
izrigation/drainage district, or lateral users assoo.ation, with
written confirmation of said approval submitted to the Publzc
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
~.2 Any existing domestic wells and/or septic systems within this
project will have to be removed fxom their domestic services per
City Ordinance Section 5-7-517. 'Wells may be used for non-
domestic purposes such as landscape irrigation.
.,
4.3 Off-sweet parking shall be provided in accordance with Section
FINDINGS OF FACT AND CONCLUSIONS OF LA~V -Page l 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNE~,ATION AND ZONING/6.15 ACRES FOR COBBLESTONE VILLAGE
AT TI-IE SOUTHWEST CORNER OF LOCUST GROVE AND FRANKLIN ROAD
AUG 12 '99 143? 2083881001 PAGE. 12
MERIDIAN CITY COUNCIL MEETING: AUGUST 17.1999. _ a
APPLICANT: IONIC ENTERPRISES. INC. _ .AGENDA ITEM NUMBER: ~?
REQUEST: ANNEXATION 8~ ZONING ORDINANCE FOR COBBLESTONE VILLAGE
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED ORDINANCE
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT;
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
~~v ~
~ ~~
~~~
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All INaterials presented at public meetings shall became property of the City of [Vlerldian.
** TX CONFIRMA~TUN REPORT **
DATE TIME TO/FROM
04 08/10 1020 PUBLIC WORKS
AS OF AUG 10 '~10~21 PAGE.01
CITY OF MERIDIRN
MODE MIN/SEC PGS CMD# STATUS
OF--S 00'58" 004 094 OK
Mawr ~~vo yr ~rtG~JUKi VaLLE(
ROBERT D, CORR[E A Good Place [0 Lime
~~~~~~:_--~: CITY OF 1VIERIDIAN
CHARLES ROUNTR.E 33 E4ST IDAHO
GLEN,I BENTLEY n[ERIDL•1N, IDAHO $3642
RON ANDERSON Phont (20S) 383-J-t33 • Fax (?08) 887->•8lJ
ICe.lTH BIRD
LCAL DfPART,.IE~T
I:U~I Syi~~bl
PUBLIC WORKS
BUILDING DEPARTSIENT
PLANNING AND ZONING
DEP,4RT~IENT
i'_l)9) 93a-55)3
FACSIMILE COVER SHEET r~
FAX NUMBER:~g~~~q~ DATE: I
TO:
T1TLE/DEPA TMENT; ~~~~
CONFIDENTIAL: YES N01c.
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):
FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-42'f8
~•
NAME:
' TITLEJDEPAR MENT:,,~~0/!~
\ `COMMENTS:
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
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WHITE, PETERSON
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ATTORNEYS AT LAW 1 C~./'~--~.•
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]UST1N P. AYLSWORTH 200 EAST CARLTON AVENUE, SUITE 31 I _ ~
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]uuE KLEIN FISCHER ` POST OFFICE BOX 1150 I ~~~~ ~,
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WM. E Ci1GRAY, III MERIDIAN, IDAHO 83680-1150 .
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D. SAMUEL JOHNSON TEL (208) 288.2499
FAX (208) 288-2501 ~ ~~ ~ u~~
WILLIAM A. MORROW ~ 1
CHRISTOPHER S. NYE Email via Internet @ wf @ m com
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PHILIP A. PETERSON t
STEPHEN L. PRUSS "},. i `~ + 3 ,y. ~
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ERIC S. ROSSMAN ~
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TODD A. ROSSMAN
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R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
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J U L 2 9 1999
July 28, 1999 City of Meridian
City C1'erk Office
William G. Berg,rJr., City Clerlc
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: STAMAS CORPORATION/IONIC ENTERPRISES, INC./
COBBLESTONE VILLAGE ANNEXATION AND ZONING
REVISED FINDINGS and DEVELOPMENT AGREEMENT
Dear Will:
Please find enclosed the original revised FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATION AND ZONING revised as per instructions from the Council meeting
of July 20, 1999.
I have also attached hereto the Development Agreement for the above matter
which is set for the Council meeting of August 3, 1999, since Council did approve the
Findings of Fact and Conclusions of Law with revisions for the above matter, the,Findings
"will°need to°be`attached•to~the Development Agreement•as~Exhibit=:`B". Please submit the
Development Agreement to the owners for signatures. I have, as well, enclosed the original
of the Resolution and Certificate of Clerlc.
Please also note, the Annexation and Zoning Ordinance is set on the Council
agenda for Tuesday, August 3, 1999, and that ordinance was sent to your office on July 16,
1999.
If you have any. questions please advise.
Very truly our
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R. Step en therford
msg\Z:\Wor1dM\Meridian 15360M\Cobblestone Village\FFCL and DevAgtClk.ltr