HomeMy WebLinkAbout3780 E. Overland H-2025-0038 DA Ada County Recorder Trent Tripple 2026-007560
Boise,Idaho Pgs=29 dryalls 02/04/2026 08:16:00 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Bae Jong Kil & Keung Soon Family Trust Dated 05/07/2022, Bae
Jong Kil as Trustee, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
3rd day of February ,2026,by and between City of Meridian, a municipal corporation
of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642, and Bae Jong Kil & Keung Soon Family Trust Dated 05/07/2022, Bae Jong Kil as
Trustee, whose address is 618 W. Buroak Dr., Meridian, ID, 83642, hereinafter called
OWNER/DEVELOPER.
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "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
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner and/or Developer
make a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-5B-3 of the Unified Development Code("UDC"),which authorizes
development agreements upon the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for annexation
and zoning of 1.22 acres of land with a request for the R-8 (Medium-Density
Residential) zoning district on the property as shown in Exhibit"A"under the
Unified Development Code, which generally describes how the Property will
be developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the public hearings
before Planning and Zoning Commission and the Meridian City Council as to
how the Property will be developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested rezoning held before
Planning and Zoning Commission and the City Council includes responses of
government subdivisions providing services within the City of Meridian
planning jurisdiction and includes further testimony and comment; and
1.7 WHEREAS, on the 20th day of January, 2026, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
DEVELOPMENT AGREEMENT-3780 E.OVERLAND RD.H-2025-0038 PAGE 1 OF 7
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit`B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement,herein being established as a result of evidence received by
the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on December
19, 2019, Resolution No. 19-2179, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: 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 this Agreement,
which is a municipal 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 Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Bae Jong Kil & Keung Soon
Family Trust Dated 05/07/2022, Bae Jong Kil as Trustee, whose address is
618 W.Buroak Dr.,Meridian,ID, 83642,the party that owns and is developing
said Property and shall include any subsequent owner(s)/developer(s) of the
Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in
the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to
bound by this Development Agreement and attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right
to develop the Property in accordance with the terms and conditions of this Agreement.
DEVELOPMENT AGREEMENT-3780 E.OVERLAND RD.H-2025-0038 PAGE 2 OF 7
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Prior to any change in use or redevelopment of the subject property, a rezone to a
commercial and/or a higher density residential zoning district, a modification to
this agreement shall be requested to include a conceptual development plan
consistent with the Mixed-Use Regional Future Land Use Map (FLUM)
designation and guidelines in the Comprehensive Plan.
b. Future development of this site shall be consistent with the applicable standards in
the City of Meridian's UDC.
c. The Owner/Developer shall comply with the specific use standards in UDC 11-4-
3-21: Home Occupation Accessory Use and apply for a permit to continue running
the alteration business out of the residence.
d. The Owner/Developer shall submit a dedicated easement for the future pathway
along the north side of the Five Mile Creek for the length of the property to the
City. Easements shall be a minimum of 14' wide (10' wide pathway+2' shoulder
on each side).
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6)
months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null
and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors,
assigns, or subsequent owners of the Property or any other person acquiring an
interest in the Property, fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the Property, this Agreement may be
terminated by the City upon compliance with the requirements of the Zoning
Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty (30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default,which action must be prosecuted with diligence and completed within one
hundred eighty (180) days; provided, however, that in the case of any such default
that cannot with diligence be cured within such one hundred eighty(180)day period,
then the time allowed to cure such failure may be extended for such period as may be
DEVELOPMENT AGREEMENT-3780 E.OVERLAND RD.H-2025-0038 PAGE 3 OF 7
necessary to complete the curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code section 67-6511A, have the right, but not
a duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an action
at law or in equity to enforce the provisions of this Agreement.Because the covenants,
agreements, conditions, and obligations contained herein are unique to the Property
and integral to City's decision to annex and/or re-zone the Property, City and
Owner/Developer stipulate that specific performance is an appropriate, but not
exclusive, remedy in the event of default. Owner/Developer reserves all rights to
contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall
be governed by and construed in accordance with the laws of the State of Idaho,
including all matters of construction, validity, performance, and enforcement. Any
action brought by any party hereto shall be brought within Ada County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that are beyond the reasonable
control of the party responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the time for such
performance shall be extended by the amount of time of such delay.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of
the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion
or the entirety of said development of the Property as required by this Agreement or by City ordinance
or policy, 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 Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by
the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance
in connection with the annexation and zoning of the Property contemplated hereby, the City shall
execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact
a valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
DEVELOPMENT AGREEMENT-3780 E.OVERLAND RD.H-2025-0038 PAGE 4 OF 7
UDC, to insure the installation of required improvements, which the Owner/Developer agree to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed,completed, and accepted by the City,
or sufficient surety of performance is provided by Owner/Developer to the City in accordance with
Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days after deposit in the United
States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as
follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Avenue
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Bae Jong Kil &Keung Soon Family Trust Dated 05/07/2022, Bae Jong Kil as Trustee
618 W. Buroak Dr.
Meridian, ID, 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: 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
may be 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 separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. TIME IS OF THE ESSENCE: The parties 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.
17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure
to the benefit of the parties' 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/Developer, 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 shall be both benefited and bound by the conditions and restrictions herein
expressed. City agrees,upon written request of Owner and/or Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
DEVELOPMENT AGREEMENT-3780 E.OVERLAND RD.H-2025-0038 PAGE 5 OF 7
had determined that Owner and/or Developer have fully performed their obligations under this
Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval,or taking any other action under this Agreement.
20. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time, provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of
the Property,which has not been removed from this Agreement as described above, shall continue to
be bound by the terms of this Agreement.
21. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or
their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
22.1 No condition governing the uses and/or conditions governing rezoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon
execution of the Mayor and City Clerk.
[end of text; acknowledgements, signatures and Exhibits A and B follow]
DEVELOPMENT AGREEMENT-3780 E.OVERLAND RD.H-2025-0038 PAGE 6 OF 7
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Bae Jong Kil&Keung Soon Family Trust Dated 05/07/2022
By: Bae Jong Kil, Trustee
State of Idaho )
ss:
County of Ada )
On this day of_��nvk 2026,before me,the undersigned,a Notary Public in and for said State,
personally appeared Bae Jong Kil,knoA or identified to me to be the Trustee of the Bae Jong&Keung Soon Family
Trust Dated 05/07/2022 and the person who signed above and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
.• PLEN •.
v�O-N A R j,.'9. :� Notary Public
H tSStON
My Commission Expires:
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CITY OF MERIDIAN••.. OF � � ATTEST:
By:
Mayor Robert E. Simison 2-3-2026 Chris Johnson, City Clerk 2-3-2026
State of Idaho )
ss
County of Ada )
On this 3rd day of February , 2026, before me, a Notary Public, personally appeared Robert E.
Simison and Chris Johnson,known 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for Idaho
My Commission Expires: 3-28-2028
DEVELOPMENT AGREEMENT-3780 E.OvERLAND RD.H-2025-0038 PAGE 7 OF 7
EXHIBIT A
Professional Engineers, Land Surveyors and Planners
Mc�3 s 017 �,
924 3rd St. So. Nampa, ID 83651
A s s o c 1.3 t e s Inc. Ph (208) 454-0256
e-mail: dholzhey�masonandassociates.us
FOR: Jesus Madrisol
JOB NO.: AU0225
DATE: September 08, 2025
ANNEXATION DESCRIPTION
The annexation being all of Lot 5 Block 2 of Jewel Subdivision recorded in Book 34 at Page 2056 in the
Ada County Recorder's Office and the adjacent right of way of E. Overland Rd. in the SEI/4 SWI/4 of
Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, more particularly
described as follows:
Commencing at the southwest corner of the SE 1/4 SW 1/4;
Thence S 89' 39' 46" E., 550.00 feet along the south boundary of the SE1/4 SW1/4 to the POINT OF
BEGINNING of said annexation;
Thence N 00' 20' 29" E., 40.00 feet along the west boundary extension of Lot 5 to the southwest corner
of Lot 5;
Thence N 00' 20' 29" E., 399.88 feet along west boundary of Lot 5 to the northwest corner of Lot 5;
Thence S 89' 39' 28" E., 100.00 feet along the north boundary of Lot 5 to the northeast corner of Lot 5;
Thence S 000 20' 29" W., 399.88 feet along east boundary of Lot 5 to the southeast corner of Lot 5;
Thence S 00' 20' 29"W., 40.00 feet along the east boundary extension of Lot 5 to a point on the south
boundary of the SE1/4 SW1/4;
Thence N 89' 39' 46" W., 100.00 feet along the south boundary of the SE1/4 SWI/4 to the POINT OF
BEGINNING of said annexation.
This parcel annexation contains 1.01 acres, more or less.
SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above-
described parcel of land. pL LAN
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EXHIBIT B
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAWC��(IEFI
AND DECISION& ORDER
In the Matter of the Request for Annexation of 0.91 acres of land with an R-2 zoning district for the
purpose of complying with the terms outlined in the consent to annex agreement for the existing
home that is already connected to City utilities,by Jesus Madrigal.
Case No(s). H-2025-0038
For the City Council Hearing Date of: January 13", 2026 (Findings on January 20t'', 2026)
A. Findings of Fact
l. Hearing Facts (see attached Staff Report for the hearing date of January 13',2026, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of January 13", 2026, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 13'",
2026,incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of January 13', 2026,incorporated by reference)
B. Conclusions of Law
l. 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(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
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
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) - 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of January 13', 2026, incorporated by reference. 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
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for annexation is hereby approved per the conditions of approval in the
Staff Report for the hearing date of January 13',2026,attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of January 13", 2026.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) -2-
By action of the City Council at its regular meeting held on the 20th day of January
2026.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert Si son 1-20-2026
Attest:
� SEAL
Chris Johns n 1-20-2026
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Na&ycWM Dated: 1-20-2026
City Clerk's Office C�
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) -3-
COMMUNITY DEVELOPMENT
DEPARTMENT REPORT
HEARING 01/13/2026 Legend
DATE: `
O Project Location ,
TO: Mayor&City Council :::Area of Impact
I= City Limits
FROM: Nick Napoli,Associate Planner G Analysis
208-884-5533 -
nnapoli@meridiancity.org ---
APPLICANT: Jesus Madrigal ;
-
SUBJECT: H-2025-0038 ;-
3780 E. Overland Road _
FEEo
LOCATION: 3780 E. Overland Road Southeast 1/4 of
the Southwest 1/4 of Section 16,
®@
Township 3N,Range lE
I. PROJECT OVERVIEW
A. Summary
Annexation of 0.91 acres of land with an R-2 zoning district for the purpose of complying with
the terms outlined in the consent to annex agreement for the existing home that is already
connected to City utilities.
B. Recommendation
Staff. Approval with a Development Agreement.
Commission: Approval
C. Decision
Council: Approval
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) -4-
II. COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Residential in Ada County -
Proposed Land Use(s) Residential in the City of Meridian -
Existing Zoning R-1 in Ada County
Proposed Zoning R-2 in the City of Meridian
Adopted FLUM Designation Mixed Use Regional(MU-R)
Table 2: Process Facts
Description Details
Preapplication Meeting date 5/6/2025
Neighborhood Meeting 6/2/2025
Site posting date 1/3/2026
Table 3: Community Metrics
Agency/Element Description/Issue Reference
Ada County Highway District
• Comments Received No -
ITD Comments Received No
Meridian Public Works Wastewater
• Distance to Mainline Available at Site
• Impacts or Concerns See Public Works Site Specific Conditions
Meridian Public Works Water
• Distance to Mainline Available at Site
• Impacts or Concerns None
Note: See section IV. City/Agency Comments & Conditions for comments received or see the
public record.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) -5-
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
A. General Overview
This property is designated as Mixed Use Regional (MU-R) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan.
The purpose of this designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety
of uses together, including residential, and to avoid predominantly single-use developments
such as a regional retail center with only restaurants and other commercial uses.
Developments should be anchored by uses that have a regional draw with the appropriate
supporting uses. For example, an employment center should have supporting retail uses; a
retail center should have supporting residential uses as well as supportive neighborhood and
community services. The standards for the MU-R designation provide an incentive for larger
public and quasi-public uses where they provide a meaningful and appropriate mix to the
development. The developments are encouraged to be designed consistent with the
conceptual MU-R plan depicted.
Due to the presence of an existing home on this property with the intention to maintain its residential
use, an R-2 zoning district is requested as a"placeholder"zoning district until the property
redevelops in the future. Opting for a zoning district within the Mixed-Use Regional(MU-R)
designation would create a non-conforming use. For example, a single-family residential dwelling
on an acre is not a permitted use in a commercial zoning district and it fails to meet density
requirements for an R-15 or R-40 zoning district,which is not preferred. Prior to re-development,a
rezone should be requested and development proposed consistent with the Commercial FLUM
designation.
• Encourage diverse housing options suitable for various income levels,household sizes, and
lifestyle preferences. (2.01.01)
The Plan aims to integrate mixed-use by incorporating a variety of uses, including
residential. Residential uses should comprise a minimum of 10% of the development
area, with gross densities ranging from 6 to 40 units/acre. The current application seeks
annexation of the property into the City to comply with the terms outlined in the consent
to annex agreement,particularly due to the existing home already connected to City
utilities. Specifics regarding the housing types and density will be addressed with future
development.
• "Permit new development only where it can be adequately served by critical public
facilities and urban services at the time of final approval, and in accord with any adopted
levels of service for public facilities and services." (3.03.03F)
City water and sewer service is available and the existing home is already connected to
City utilities in accordance with UDC I1-3A-21.
• "Support infill development that does not negatively impact the abutting, existing
development. Infill projects in downtown should develop at higher densities, irrespective
of existing development." (2.02.02C)
The proposed development will not likely impact the existing abutting developments to
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) -6-
the east, west, and north, as they are all residential uses currently zoned R1 in Ada
County.
• "Eliminate existing private treatment and septic systems on properties annexed into the
City and instead connect users to the City wastewater system; discourage the prolonged
use of private treatment septic systems for enclave properties."
The existing home has already abandoned the existing septic system and is connected to
the City wastewater system.
Table 4: Project Overview
Description Details
History N/A
Acreage 0.91 acres
B. Site Development and Use Analysis
1. Existing Structures/Site Improvements (UDC 11-1):
The applicant is not proposing a change to the site. The applicant is requesting annexation
due to his well failing and needing to hook up to city services.
2. Proposed Use Analysis (UDC 11-2):
The Applicant proposes to annex a 0.91-acre parcel,including the adjacent right-of-way to
the section line of E. Overland Road with an R-2(Low-Density Residential)zoning district.
A legal description and exhibit map for the annexation area is included in Section
VIILA. This property is within the City's Area of City Impact boundary. The reason
for annexation is the water table for the existing well on the single-family residential property
is currently failing, and the Applicant had to hook-up to City water and sewer service.No
new development or redevelopment of the property is proposed at this time and the use will
remain residential for the foreseeable future.
The Applicant entered into an agreement with the City for extension of domestic water and
sewer service outside Meridian city limits for the subject property(Inst. #2025-067604). This
agreement allowed the property to hook up to City water and sanitary sewer service with
disconnection from the private well and septic system. A provision of the agreement requires
the property owner to apply for annexation of the property into the City as proposed with this
application.
In addition,the applicant currently runs an alteration business out of the property. To
continue this business,once annexed,the applicant shall be required to comply with the
Home Occupation as an Accessory Use standards and apply for a home occupation
permit.
The City may require a development agreement(DA) in conjunction with an annexation
pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with
the Comprehensive Plan and the land use desired for this property, Staff recommends a
Development Agreement as a provision of annexation pursuant to Idaho Code Section
67-6511A,which requires the property to be rezoned and the agreement modified to
include a conceptual development plan prior to any change in use and/or development
of the property.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) -7-
3. Dimensional Standards (UDC I1-2):
The proposed existing house appears to comply with the dimensional standards of the district.
C. Design Standards Analysis
1. Parking (UDC 11-3C):
i. Residential parking analysis
Off-street parking is required to be provided in accord with the standards listed in UDC Table
11-3C-6 for single-family dwellings based on the number of bedrooms per unit. The existing
home does not meet the required number of off-street parking spaces per UDC Table I1-3C-6
for a three(3)bedroom home; four(4)parking spaces are required, at least 2 in an enclosed
garage, other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. The
existing home does not have an enclosed two-car garage; however,there is an existing 30-
foot by 20-foot driveway.
The existing home is indicated to have three (3)bedrooms which requires a 20' by 20' garage
and parking pad. The applicant is in compliance with these standards.
2. Fencing (UDC 11-3A-6, 11-3A-7):
All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant
is not proposing fencing with this application.
D. Transportation Analysis
1. Access (Comp Plan, UDC 11-3A-3, UDC I1-3H-4):
Access to this property is currently from E. Overland Road. With future redevelopment of
the property, access via E. Overland Road and interconnectivity with adjacent properties will
be evaluated in accordance with the provisions listed in UDC 11-3A-3.
2. Multiuse Pathways (UDC 11-3A-5):
The Meridian Pathways Master Plan Map indicates a planned pathway on the north side of
the Five Mile Creek to be constructed by the City in the future. The Applicant should
submit a dedicated easement for the pathway to the City. Easements shall be a
minimum of 14' wide(10'wide pathway+2' shoulder on each side).
3. Sidewalks (UDC I1-3A-17):
Overland Road is improved with an existing 7-foot wide attached concrete sidewalk abutting
the site in accordance with UDC standards. Staff is not recommending that this sidewalk be
replaced with and 7-foot detached sidewalk.
E. Services Analysis
1. Waterways (Comp Plan, UDC 11-3A-6):
Goal 4.05.01D and Goal 6.01.04B of the Comprehensive Plan emphasize the importance of
improving and protecting creeks and other natural waterways throughout commercial,
industrial and residential areas. Develop and implement agreements with irrigation districts
and the Union Pacific Railroad to allow for bike/pedestrian pathways. The Five Mile Creek
runs through the site and is proposed to be preserved as a natural amenity in accordance with
UDC 11-3A-6. The applicant is not proposing to redevelop the property at this time,however,
when the property does redevelop,Five Mile Creek shall remain open and beautified as an
amenity.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) -8-
2. Utilities (Comp Plan, UDC 11-3A-21):
Connection to City water and sewer services is required in accordance with UDC 11-3A-21.
The Applicant entered into an agreement with the City for extension of domestic water
and sewer service outside Meridian city limits for the subject property(Inst.#2025-
067604). The Applicant is currently connected to City utilities.
IV. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
1. A Development Agreement(DA) is required as a provision of annexation of this property.
Prior to approval of the annexation ordinance, a DA shall be entered into between the City of
Meridian,the property owner(s) at the time of annexation ordinance adoption, and the
developer.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
Planning Division within six(6)months of the City Council granting the annexation. The DA
shall, at minimum,incorporate the following provisions IF City Council determines
annexation is in the best interest of the City:
a. Prior to any change in use or redevelopment of the subject property, a rezone to a
commercial and/or a higher density residential zoning district,a modification to this
agreement shall be requested to include a conceptual development plan consistent with
the Mixed-Use Regional Future Land Use Map (FLUM) designation and guidelines in the
Comprehensive Plan.
b. Future development of this site shall be consistent with the applicable standards in the
city of Meridian's Unified Development Code.
c. The applicant shall comply with the specific use standards in UDC 11-4-3-21: Home
Occupation Accessory Use and apply for a permit to continue running the alteration
business out of the residence.
d. The Applicant shall submit a dedicated easement for the future pathway along the
north side of the Five Mile Creek for the length of the property to the City.
Easements shall be a minimum of 14' wide (10'wide pathway+2' shoulder on
each side).
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) -9-
B. Meridian Public Works
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) - 10-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038)
V. FINDINGS
A. Annexation(UDC 11-5B-3E)
Upon recommendation from the commission,the council shall make a full investigation and shall,
at the public hearing,review the application. In order to grant an annexation and/or rezone,the
council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council finds annexation of the subject property with an R-2 zoning district and
requirement for the property to redevelop in the future consistent with the Mixed-Use
Regional future land use map designation in the Comprehensive Plan is appropriate for this
property(see Section IV for more information).
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment to the R-2 zoning district is consistent
with the purpose statement for the residential districts in UDC 11-2B-1, in that it will
contribute to the range of housing opportunities available in the City consistent with the
Comprehensive Plan.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds the proposed map amendment should not be detrimental to the public
health, safety and welfare as the proposed residential use should be compatible with adjacent
single-family residential homes/uses in the area.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including,but not limited
to, school districts; and
The City Council finds that the proposed zoning amendment will not result in any
adverse impact upon the delivery of services by any political subdivision providing
services to this site.
5. The annexation(as applicable)is in the best interest of city.
The City Council finds the proposed annexation is in the best interest of the City.
VI. ACTION
A. Staff:
Staff recommends approval of the proposed annexation with the requirement of a Development
Agreement per the provisions in Section IX in accord with the Findings in Section X.
B. Commission:
The Meridian Planning&Zoning Commission heard these items on December 4', 2025. At the public
hearing,the Commission moved to recommend approval of the subject annexation requests.
1. Summary of Commission public hearing:
a. In favor: Jesus Madrigal
b. In opposition:None
C. Commenting: None
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) - 12-
d. Written testimony: None
e. Staff presenting application: Nick Napoli
f Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. None
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. None
5. Outstandingissue(s)for City Council:
a. None
C. City Council:
The Meridian City Council heard these items on January 13`".2026.At the public hearing,the Council
moved to approve the subject annexation request.
l. Summary of the City Council public hearing:
a. In favor: Jesus Madrigal
b. In opposition: None
C. Commenting: None
d. Written testimony: None
e. Staff presenting application: Nick Napoli
f Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) - 13-
ProjectVII. EXHIBITS
A.
o Project Overview)
Legend
1. Aerial
Project Location
Area of Impact
0 Analysis
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FINDINGS
OF • • OF • ORDER
FOR :1 E.Overland Road 1 11
2. Zoning
..
Legend
Project Location
Area of Impact
Lam"l
• AnalysisUT
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— DensityOe OVERLAND
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
4. Planned Development Map
Legend
i_,I Project Location
F"
Area of Impact
T=-" City Limits
Planned Parcels
O Analysis
l
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Kill
FR
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i
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) - 16-
B. Subject Site Photos
low
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y .
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) - 17-
C. Service Accessibility Report
PARCEL R4 2 240S25 SERVICE ACCESSIBILITY
Overall Score: 27 23rd Percentile
Descript;on Indicator
Location Vyithin 112 mile of City Limits YELLOW
Extension Sewer T-unkshed mains < 500 ft.from parcel
Floodplain Within 100 yr floodplain & c 2 acres
Emergency Services Fire Response time < 5 min.
Emergency Services Police Meets response time goals most of the time
Pathways Within 114 mile of current pathways
Transit Within 114 mile of current transit route
Arterial Road Buildout Status Ultimate configuration(#of lanes in master st,eets
plan) matches existing (#of lames)
School Walking Proximity From 1f2 too 1 mile walking YELLOW
Either a High School or College within 2 miles OR a
School Drivability Middle or Elementary School within 1 mile driving
(existing or future)
Park Walkability No park within walking distance by park type
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038)
D. Annexation Legal Description& Exhibit Map
Pra ouLk nal Engltlstirx,Lmid Suevsym and Pltanners
924 r St s4 Nampa,IrJ fi3661
A-5Sc?c ia f S Ph 2DE 454-0256
ea
FOR: Jens lutadtiaol
JOB N(]-:Ata0225
DATE., Soataber()6,2025
ANNEXAT[W4 Dk:St:1111"1:-10N
TlWe A teaatitrn bring all of I W l WVk 2 ui'J cwtd 5uhr3M0on T=Trded in Book 4 at Pagp 2056 in the
A<da C'oumty=rt®aotdcr's Qflicc and the ail uc=rrSht rrW wiw of h Overland Rd.in the SE114 SW U4 of
5cction Tfi,Townihip 3 P+nrth,.ltaoJgc 1 East,BDiseMeridian-AdAiCuumly Tdmhu,tmora patliiculmly
du%m, l- ci n follows:
Cutromarmkiatg at the sowhwum camxT of tho SETA SWIA:
Thmoc S 991 39'46"E.,550.00 fret when the muth Iwrorrlary of the S'E114 SW 1 A i0 the POINT OF
BEGINNING of void mY=atinn;
Thon+as N 09,'2O'ZW'E„4(j44fi along the west hnnredary ctatenaunofLot 5 tv thesoutlaweat cumcr
of Lot 5;
Thadce N flat°'2W 29"E.,399-99 led alu®g VCA buuodwy of Lot 5 to Litz Tm.rn twesi,uuner of last 3;
Thenec 5119°34'2W'E,,1M16 feet plmmgthe ruwih hoioxlarvmf l-at$to tlw narthcast cam camer ofLat 5:
Zhrnt-e S OV 20'29"W„3W.0 fcvt slong ma[rownda y twf I.ot 5 to the souilteusi LjWrW of[Alt 5;
TlwvSre S 0&20"25tV'W,40.00 focL ohxrg d3C e:raE bowidary ea nsaum 0f Lot 5 to a Point on the south
boutdaryoftbe5EVA MIA:
Th t!N WP 34"46"W.-100-H rert aluns dic mouth b,bvtdaty of the SE 1+4 SW1 f4 to the P017147 81+
IR EGINNI Nt+G of raid 20nUX36110.
Th's PatL�0 Itmalimn contuins 1 01 araw,rnrut N lest.
SUBJECT Wk A,ll cliFting rights of way ausd a%ammmh of rouird or implied appmninf'_on the aboyc-
deFcnhad pucel of land.
d V,laztarr �. ii�r
PrC&cainndfr V,Lwid l WWPtsar*M
Of
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) - 19-
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(3780 E.Overland Road—H-2025-0038) -20-