HomeMy WebLinkAboutVienna Woods and Edinburgh Subdivision AZ-04-025
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 121.96 Acres from R4 (Ada County) to R-4
(Low Density Residential) for Vienna Woods Subdivision No's 1-7 and Edinburgh Place
Subdivision No's 1-2 by the City of Meridian.
Case Nos. AZ-04-025
For the City Council Hearing Dates of: November 3, and November 16, 2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matters were duly considered by the City Council at the November 3,2004,
and November 16, 2004 public hearings. The applicant, affected property owners,
and government subdivisions providing services within the planning jurisdiction of
the City of Meridian were given full opportunity to express comments and submit
evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matters to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-025 - PAGE I of 4
a.
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application, it is hereby
verified that there are several property owners of record at the time of issuance of
these findings. All of the current property owners have evidenced consent to the
subject annexation by purchasing property within the boundaries of the respective
subdivisions, as consent is implied for the area because the properties are connected
to a water and wastewater collection system operated by the City (see Idaho Code §
50-222(4».
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit C for the findings required for the Annexation and Zoning application.
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, and Conditions of
Approval in Exhibit B. The conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-025 - PAGE 2 of4
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The site specific and standard conditions of approval are as shown in Exhibit B.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Exhibits
Exhibit A:
Legal Description
Annexation and Zoning Conditions of Approval
Exhibit B:
Exhibit C:
Annexation and Zoning Analysis/Facts and Findings
~ti~ity Council at its regular meeting held on the
. V1 , 2004.
Z'3r:t.
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-025 - PAGE 3 of 4
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
VOTED -þ
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYORTAMMYdeWEERD
(TIE BREAKER)
VOTED -
Attest:
and City Attorney.
By: ,JOJtOLW\ 4
City Clerk's Office
Dated:
12-1l--() -4
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOS. AZ-O4-025 - PAGE 4 of4
EXHIBIT A
Legal Description
Vienna Woods Subdivision No's 1-7 & Edinburgh Place Subdivision No's 1-2
(AZ-04-025)
ANNEXATION DESCRIPTION
FOR THE
CITY OF MERIDIAN, ADA COUNTY, m,uIO
A parcel for annexation _os loœœd in the NW y< of the SW V.. the NE V, of the SW y< and
the SE y< of the SW y< of Section 29, Township 4 North, Range I East, Boise Meridian, Ada
County, Idaho and being VIENNA WOODS SUBDIVISIo.N No. 's 1, 2. 3, 4, ), 6 and 7 and
EDINBURGH PLACE SUBDlVlSIo.N No.. 'S 1 and 2 more particularly described as follows:
BEGINNING at . brass cap monument marking the northwesterly oomer of said NW y< of the
Sw Y, from IWich. brass cap monument marking the southweaterly eomer of the SW y< of said
Section 29 bears S 1Y'25'22" W . dis1anœ of 2652.17 feet;
Thence S 89°45'16" E along the nortberly boundaries of said NW V, of the SW y< and the NE y<
of the SW y< a distance of 2<\57.79 feet to 0 5/8 inch dIam- iron marking the northeasterly
comer of said NE Y, of the SW y<;
Thence S 0°3 I '27" W along the -ly boundaries of said NE Y, of the SW Y, and the SE y< of
the SW y< . dis1anœ of 2677.69 feet 10 .5/8 inch di- iron pin marking the southeasterly
comer of said SE y< of the SWY<;
TbenceN 89°12'14" W along the southerly bonndary of said SE y< of the sw y< a distance of
1326.55 feet 10 a 518 inch diamoIer iron pin marking the southwesterly corner of said SE';' of
the SW Y<;
Thence N 0"28'26" E along the westerly boandary of said SE y< of the SW Y, . distance of
1332.46 feet 10 . 5/8 inch diameter iron pin marking the northwesterly comer of said SE y< of
the SW Y<;
Thence N 890:28'46" W along the southerly boundary of said NW y< of the SW y< . distance of
l327.71 feet 10 . 5/8 inch diameœr iron pin marking the southWOS«ly comer of soid NW y< of
the SW Y<;
Thence N 1Y'25'22" E along .1hI --.iy boandary of said NW V, of the SW y< . distance of
1326.09 feet to the POINT OF JlbNNlNG,
Thio pareel cootains 121.96t1Ø1!O!1.
Propared by: Glenn K. ~PLS
Civíl Survey Çonsultonto, InooIpotaIed
March 1,2004
Thio deocription was prepared flOm - inlbrmation and doeo not constitute a field survey.
Civil Survey ConouJtonto, ~ I. notlioble for any ~os a field survey might
disclose. ~
. .d
1»1
MAR 0 1 ZOO\
Meridian PnbIic
Works Dept.
~ J
SKETCH TO ACCOMPANY ANNEXATION DESCRIPTION
FOR VIENNA WOODS AND EDINBURGH PLACE SUBDMSIONS
LOCATED IN THE SW 1/4 OF SECTION 29,
TOWNSHIP 4 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO.
'18"
POINT OF
BEGINNING
VIENNA WOODS
SUBDMSlON NO:S
1 THROUGH 7
N 8e'28'
!
I
!
3029
3 Mcf-.t1UN
SCAlE, 1'~400'
I
C '/4
m
,..:
...
'"
'"
---------;.
EDINBURGH PLACE
SUBDIVISION NO:S
1 AND 2
N 89'1214 W 1328.55'
~
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;;;
b
(I)
1/4
EXHIBIT B
Annexation and Zoning Conditions of Approval
Vienna Woods Subdivision No's 1-7& Edinburgh Place Subdivision No's 1-2
(File AZ-04-025)
The City Council of the City of Meridian hereby approves the requested Annexation and
Zoning as requested for the property described in the application, subject to the
following:
ANNEXATION AND ZONING COMMENTS
1. The legal description (prepared by Glenn K. Bennett, PLS) submitted with the
application meets the requirements of the City of Meridian and State Tax
Commission and places the parcel contiguous to existing city limits.
2. The property which is the subject of this application lies within the Area of City
Impact of the City of Meridian.
3. The entire property is included within the Meridian Urban Service Planning Area as
defined in the 2002 Meridian Comprehensive Plan.
4. The land is laid off into lots and blocks containing not more than five acres of land
each.
5. Essential City services are or will be made available to the subject property.
6. The City has prepared and published a written annexation plan that includes:
. The manner of providing tax-supported municipal services to the lands,
. The changes in taxation and other costs which may result if the subject lands are
annexed,
. The means of providing fee-supported municipal services to the lands proposed to
be annexed,
. An analysis of the potential effects of annexation upon other units oflocal
government which currently provide tax-supported or fee-supported services to
the lands; and
. The proposed future land use plan and zoning designation for the lands.
7. The City shall enter into a street light agreement with both the Edinburgh Place and
Vienna Woods Homeowners' Associations regarding the maintenance and operation
of the "decorative" street lights within the developments, further, the Homeowner
Associations should transfer their ownership and maintenance responsibility for the
"standard" street lights to the City of Meridian. The City agrees to pay for the
electrical service to all of the street lights, and further agrees to provide maintenance,
bulbs, and ballasts to the street lights that are "standard". However, the City shall not
begin payment of the electricity for the street lights until said street light agreement is
recorded and an inspection has been performed to determine that all the lights are
functioning properly. Further, the City shall not be responsible to replace, repair or
provide any required maintenance to any street lights that are not customarily used in
residential developments in Meridian (e.g. - decorative street lights). The
Homeowners' Association, or its heirs, successors and assigns, shall keep the
decorative street lights operational at all times, with the City allowing reasonable time
for the replacement of bulbs and/or ballasts.
8. All applicable State of Idaho and City of Meridian Codes have been followed in
processing the subject annexation and zoning application.
9. The land to be annexed meets the applicable requirements ofIdaho Code, 50-222, and
does not fall within the exceptions or conditional exceptions contained in Idaho Code,
10. The subject annexation is consistent with the public purposes addressed in the
annexation plan prepared by the City.
11. The subject annexation is reasonably necessary for the orderly development of the
City of Meridian.
EXHIBIT C
Annexation and Zoning AnalysislFacts and Findings
Vienna Woods Subdivision No's 1-7 & Edinburgh Place Subdivision No's 1-2
(File AZ-04-025)
ANNEXATION & ZONING ANALYSIS
Section 50-222. Idaho Code. allows cities of the State ofIdaho to annex lands which are
reasonably necessarY to assure the orderly development of the city in order to allow
efficient and economically viable provisions of tax-supported and fee-supported
municipal services. to enable the orderly development of private lands which benefit
from the cost-effective availability of municipal services in urbanizing areas and to
equitably allocate the costs of public services in management of development on the
urban ftinge. The subject annexation complies with the provisions for annexation
established in Section 50-222, Idaho Code. The subject annexation is eligible for, and is
being processed in compliance with the Category "B" annexation requirements
established in Section 50-222, Idaho Code.
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the Planning and Zoning Commission and City Council are required
"to review the particular facts and circumstances of each proposed zoning amendment in
terms of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment. "
Thefollowing is the list of standards found in Meridian City Code 11-15-11 and analysis
by staff:
"A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The subject properties are currently designated 'Medium Density Residential'
(Edinburgh Place) and 'Low Density Residential' (Vienna Woods) on the 2002
Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive
Plan, medium density is defined as areas including single-family homes at
densities of three to eight dwelling units per acre, and low density is defined as
areas including single-family homes at densities of three dwelling units or less per
acre. The gross density of Vienna Woods portion of the zoning request is 2.8
dwelling units per acre. The gross density of Edinburgh Place portion of the
zoning request is 3.3 dwelling units per acre. The gross density of the
subdivisions combined is approximately 3 dwelling units per acre.
Staff finds the following text policies from the Comprehensive Plan to be
applicable to the proposed zoning amendment (staff's analysis shown in italics
below each policy):
.
Phase in residential developments in accordance with their connection to the
municipal sewer system (Chapter VII, Goal V, Objective A, Action 8)
As noted earlier in this report, the subject properties have already connected
to the municipal sanitary sewer and water systems.
.
Require that development projects have planned for the provision of all public
services (Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City
services to the subject properties. The City of Meridian plans to provide
municipal services to the lands proposed to be annexed in the following
manner:
.
The subject lands are currently receiving sanitary sewer and water
service from the City of Meridian. This service will continue
uninterrupted.
The subject lands currently lie within the jurisdiction of the
Meridian Rural Fire District. Once annexed the lands will be
under the jurisdiction of the Meridian City Fire Department, who
currently shares resource and personnel with the Meridian Rural
Fire Department. Fire and Emergency Medical Services will be
provided by Meridian City Fire Station #3. The subject lands lie
within I.5 miles of the recently opened Meridian City Fire Station
#3 and lie within the Meridian Fire Department's five-minute
response zone.
The subject lands currently lie within the jurisdiction of lhe Ada
County Sheriff's Office. Once annexed the lands will be serviced
by the Meridian Police Department (MPD).
The roadways adjacent to, and throughout the subject lands are
currently owned and maintained by the Ada County Highway
District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School
District #2. This service will not change.
The subject lands are currently serviced by the Meridian Library
District. This service will not change and the Meridian Library
District should suffer no revenue loss as a result of the subject
annexation.
.
.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water
Department, the Meridian Wastewater Department, the Meridian Planning
and Zoning Department, Meridian Utility Billing Services, and Sanitary
Services Company,
.
Protect citizen investments in existing public facilities (water, sewer, streets,
fire, police) by encouraging controlled growth through development
application reviews and development agreements (Chapter VI, Goal IV,
Objective A, Action 10)
The City did not require development agreements with the subject
subdivisions as they were within Ada County's jurisdiction at the time of
platting. However, the City did review and comment on each development
application containing the subject properties to protect the investments in
public facilities.
.
Protect existing residential properties from incompatible land use
development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action
1)
All of the properties adjacent to the subject site are either designated for
residential or public/quasi public uses on the Comprehensive Plan Future
Land Use Map.
.
Require all developments adjacent to designated entryway corridors to
provide a minimum of 35 feet of high quality, professional landscaping on the
site adjacent to the roadway (Chapter V, Goal III, Objective B, Action 8)
The abutting section of McMillan Road is designated as an entryway corridor
in the Comprehensive Plan, Edinburgh Place Subdivisions 1 & 2 provided a
20-foot wide landscape buffer along McMillan Road. The abutting section of
Locust Grove Road is not designated as an entryway corridor in the
Comprehensive Plan.
.
Require street connections between subdivisions at regular intervals to
enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A,
Action 6)
There are existing streets that connect Vienna Woods to Edinburgh Place,
Edinburgh Place to Austin Creek, and Austin Creek to Vienna Woods.
Further, two stub streets from Vienna Woods have been provided to large,
undeveloped parcels to the north and two stub streets from Edinburgh Place
have been provided to the west (to Sheridan Place and one unplatted parcel).
Staffjinds that the proposed R-4 zoning designation is harmonious with and
in accordance with the Comprehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the subject properties will be rezoned in the future.
c.
D.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
Staff finds that the existing single-family developments are allowed within the
proposed R-4 zone. Further, the existing residential densities are consistent with
the densities established in the Comprehensive Plan. Except for the landscape
buffers along McMillan Road and Locust Grove Road, all of the existing lot sizes,
frontages, and other dimensional standards platted with the Vienna Woods
Subdivision No's 1-7 and Edinburgh Place Subdivision No. 1-2 appear to comply
with current Meridian City Ordinances and the requested R-4 zoning designation.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
The general vicinity of this project is experiencing a rapid change from
agricultural and low density residential uses to higher density residential
development. Settlement Bridge Subdivision, across McMillan Road from the
subject site, is a 266-lot residential subdivision on 70 acres. Sheridan Place
Subdivision, south of Vienna Woods and west of Edinburgh Place, is a 46-lot
residential subdivision on 15 acres.
There have been no recent street improvements in the area. Further, neither
Locust Grove Road nor McMillan Road is currently scheduled within ACHD's
Five Year Work Program for roadway widening. Chinden Boulevard is not in
ITD's current STIP for roadway improvements (is in corridor preservation).
Staff finds that a rezone of the proposed property would be compatible with other
land use and facility changes in the area.
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
There are no new proposed uses with this application. Staff believes that the
existing uses (single-family homes) have been designed, constructed, operated
and maintained to be harmonious and appropriate in appearance with the existing
or intended character of the general vicinity. Staff further believes that the
existing single-family residential uses, and annexing and zoning the subject
properties, will not change the essential character of the area.
F.
G.
H.
I.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
There are no proposed uses associated with the subject annexation and zoning
application. Staff finds that the existing uses will not be hazardous or disturbing to
existing or future neighboring uses.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fIre protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Staff believes that improving the arterial roadways in this area, Locust Grove
Road and McMillan Road, would be beneficial to the residents. However, neither
Locust Grove Road nor McMillan Road is currently in ACHD's CIP for roadway
widening. Municipal sewer and water service are currently provided to the subject
properties. A new fire substation on Locust Grove Road was recently opened to
serve this area. The Commission and Council should rely upon any comments
submitted by the Meridian Police and Fire Departments, and/or any other agency
or department providing service to this area. Staff finds that all public services
and facilities noted above appear to be adequate to service the subject properties.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
Except for the decorative street lights in Edinburgh Place, the City will be taking
over the maintenance of the street lights within the subject properties. A street
light agreement will be required for all decorative street lights. The homeowners'
will be responsible for the maintenance of the decorative street lights but the City
will pay for the electrical service to all street lights within the subdivisions.
Sewer, water, local street infrastructure, utilities and irrigation services are
already provided to service the subject properties. The primary public costs to
serve the residents will be fire, police, school facilities and services. Staff finds
that this development will not cause excessive additional requirements at public
cost. Staff also find that the annexation and zoning of the subject properties will
not be detrimental to the community's economic welfare.
Will the proposed uses not involve uses, activities, processes, materials,
eqnipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
There are no proposed uses; the residential uses have previously been approved.
Staff does not anticipate the proposed annexation and existing uses will create
excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed
residential zoning and residential uses will not be detrimental to people, property
or the general welfare of the area.
J.
Will the area have vehicular approaches to the property which shaD be so
designed as not to create an interference with traffic on surrounding public
streets;
The vehicular approaches to the property have previously been approved by
ACHD when they reviewed the subdivision applications.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Staff finds that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and rezone.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)"
Staff finds that the annexation of this property would be in the best interest of the
City for the following reasons.-
. land to the west and south was previously annexed into the City and this is a
logical expansion of existing zoning and land uses;
. municipal services are currently servicing the area;
. the annexation is necessary to assure the orderly development of the city in
order to allow efficient and economically viable provisions of tax-supported
and fee-supported municipal services,
. the annexation enables the orderly development of private lands which benefit
from the cost-effective availability of municipal services in the urbanizing
area,
the annexation equitably allocates the costs of public services in management
of development on the urban fringe;
the application and residential uses within the subject properties substantially
comply with the Comprehensive Plan and City Ordinances, and;
increased property tax revenue for the City.
.
.
.
ANNEXATION AND ZONING FACTS AND FINDINGS
1. The legal description (prepared by Glenn K. Bennett, PLS) submitted with the
application meets the requirements of the City of Meridian and State Tax
Commission and places the parcel contiguous to existing city limits,
2. The property which is the subject of this application lies within the Area of City
Impact of the City of Meridian.
3. The entire property is included within the Meridian Urban Service Planning Area as
defined in the 2002 Meridian Comprehensive Plan.
4. The land is laid off into lots and blocks containing not more than five acres of land
each.
5. Essential City services are or will be made available to the subject property.
6. The City has prepared and published a written annexation plan that includes:
. The manner of providing tax-supported municipal services to the lands,
. The changes in taxation and other costs which may result if the subject lands are
annexed,
. The means of providing fee-supported municipal services to the lands proposed to
be annexed,
. An analysis of the potential effects of annexation upon other units oflocal
government which currently provide tax-supported or fee-supported services to
the lands; and
. The proposed future land use plan and zoning designation for the lands.
7. The City shall enter into a street light agreement with both the Edinburgh Place and
Vienna Woods Homeowners' Associations regarding the maintenance and operation
of the "decorative" street lights within the developments, further, the Homeowner
Associations should transfer their ownership and maintenance responsibility for the
"standard" street lights to the City of Meridian. The City agrees to pay for the
electrical service to all of the street lights, and further agrees to provide maintenance,
bulbs, and ballasts to the street lights that are "standard". However, the City shall not
begin payment of the electricity for the street lights until said street light agreement is
recorded and an inspection has been perfonned to detennine that all the lights are
functioning properly. Further, the City shall not be responsible to replace, repair or
provide any required maintenance to any street lights that are not customarily used in
residential developments in Meridian (e.g. - decorative street lights). The
Homeowners' Association, or its heirs, successors and assigns, shall keep the
decorative street lights operational at all times, with the City allowing reasonable time
for the replacement of bulbs and/or ballasts.
8. All applicable State of Idaho and City of Meridian Codes have been followed in
processing the subject annexation and zoning application.
9. The land to be annexed meets the applicable requirements ofIdaho Code, 50-222, and
does not fall within the exceptions or conditional exceptions contained in Idaho Code.
10. The subject annexation is consistent with the public purposes addressed in the
annexation plan prepared by the City.
II. The subject annexation is reasonably necessary for the orderly development of the
City of Meridian.