Findings - PZ - 2025 - CUP-2025-07 - Conditional use permit for a waiver of Eagle City Code Title 8, Chapter 3, Section 3(B)(2): Fences for Marc and Julie McConnellBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A WAIVER )
OF EAGLE CITY CODE TITLE 8, CHAPTER 3, )
SECTION 3(B)(2): FENCES FOR MARC AND )
JULIE MCCONNELL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2025-07
The above -entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on August 18, 2025, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Marc and Julie McConnell are requesting conditional use permit approval for a waiver of Eagle
City Code Section 8-3-3(B)(2) to permit construction of a decorative concrete fence/wall adjacent
to an arterial street. The 1-acre site is located on the north side of West Chinden Boulevard
approximately 1/4-mile east of the intersection of South Locust Grove Road at 1193 West
Hempstead Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the subject property at 6:00 PM; on June 5, 2025, in
compliance with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on June 26, 2025.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on August 3, 2025. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
August 1, 2025. The site was posted in accordance with the Eagle City Code on August 8, 2025.
Requests for agencies' reviews were transmitted on July 14, 2025, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 12, 1993, the City Council approved the final plat for Banbury Subdivision No. 6.
On January 24, 2023, the City Council approved a conditional use permit for a waiver of Eagle
City Code Section 8-3-3(B)(2) to permit the construction of a solid fence/wall at 1557 West
Hempstead Drive, approximately 1,050-feet west of this site (CUP-2022-15).
On January 24, 2023, the City Council approved a conditional use permit for a waiver of Eagle
City Code Section 8-3-3(B)(2) to permit the construction of a solid fence/wall at 1401 West
Hempstead Drive, approximately 560-feet west of this site (CUP-2022-17).
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E. COMPANION APPLICATIONS:
There are no companion applications associated with this application.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Large Lot
R-1-P (Residential —
PUD)
Single-family dwelling
(Banbury Subdivision No. 6)
Proposed
No change
No change
No change
North of site
Large Lot
R-1-P (Residential —
PUD)
Single-family dwelling
(Banbury Subdivision No. 6)
South of site
Not within City of Eagle
area of impact
R1 (Ada County Zoning
Designation) and R-8
(City of Meridian Zoning
Designation)
Three Comers Subdivision
No. 3 (City of Meridian) and
vacant land
East of site
Large Lot
R-1-P (Residential —
PUD)
Single-family dwelling
(Banbury Subdivision No. 6)
West of site
Large Lot
R-1-P (Residential —
PUD)
Single-family dwelling
(Banbury Subdivision No. 6)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the City-wide design review overlay district.
H. URBAN RENEWAL DISTRICT:
This site is not located within an Urban Renewal District.
I. EXISTING SITE CHARACTERISTICS:
The site consists of an existing single-family dwelling, an accessory dwelling unit, and landscaping.
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J. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
1 acre
n/a
Percentage of Site Devoted to Building
Coverage
7% (approximately)
35% (maximum)
Percentage of Site Devoted to
Landscaping
N/A
N/A
Number of Parking Spaces
6 spaces (including 3
covered)
2 spaces
Front Setback
No change
30 feet (minimum)
Rear Setback
No change
30 feet (minimum)
Side Setback
No change
15 feet (minimum)
Street Side Setback
No change
30 feet (minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
There are no proposed changes to the use of the property, and no new buildings are proposed.
On and Off -Site Circulation:
The property is accessed by an existing driveway along West Hempstead Drive.
L. PARKING ANALYSIS:
Total Required Parking Spaces for Single -Family Dwellings — lots 15,000 square feet or more
(per ECC 8-4-5): 2 off-street parking spaces
Total Existing: 6 off-street parking spaces (including 3 covered)
M. PUBLIC SERVICES AVAILABLE:
The site is served by Eagle Fire Department, Eagle Police Department, and Veolia Water.
N. PUBLIC USES PROPOSED:
No public uses are proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisitions map currently exists.
P. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — None
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes
Riparian Vegetation — No
Steep Slopes — No
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Stream/Creek— No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat — No
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
No review of an environmental assessment plan is required.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Department of Environmental Quality
Idaho Transportation Department
S. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
T. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular -facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will 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;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. 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;
G. Will not involve uses, activities, processes, materials, equipment 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;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of
major importance.
U. EAGLE CITY CODE 8-7-3-1 PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
C. Exceptions or waivers of standards within Title 8 or 9, other than use, inclusive of the
subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may be permitted
through the issuance of a conditional use permit.
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THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Large Lot
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit
per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher
than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this
category will tend to appear as suburban large lot and generally less agrarian than the Estate
Residential and Agricultural/Rural designations.
The Comprehensive Plan Existing Roadway System Map (adopted November 14, 2017) designates
Chinden Boulevard as the following:
Principal Arterial
Primarily provides for access from one part of the community to another and also provides for the
movement of vehicles through the community.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-3-3: Supplemental Yard and Height Regulations:
B. Fences:
2. New fencing located adjacent to any street identified as a collector or arterial on the master
street map typologies map in the Eagle comprehensive plan, and on the street side of all comer
lots, shall be an open fencing style such as wrought iron or other similar see through, decorative,
durable fencing material, except as otherwise may be permitted in subsection 8-2A-7(J) of this
title. Any wooden fence that existed prior to the effective date hereof, may be rebuilt upon the
fence's original footprint provided the fence has a picture frame appearance as shown in the
EASD book.
C. DISCUSSION:
• The applicant is seeking conditional use permit approval of a waiver of Eagle City Code Section
8-3-3(B)(2) which states in part that new fencing adjacent to arterial streets shall be open style.
Due to the increased traffic volume on the adjacent Chinden Boulevard (identified as an arterial
street), the applicant would like to construct a decorative concrete fence/wall to mitigate the noise
produced by the increased traffic volume. As the fence/wall is proposed to be adjacent to Chinden
Boulevard (an arterial street), a waiver of 8-3-3(B)(2) would be required to permit the construction
of the fence/wall.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
18, 2025, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
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B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the applicant. A summary of the deliberation can be found at the following link (Granicus time:
01:55:07): https://eagle-id.granicus.com/player/clip/2124?view id=1&redirect=true
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CUP-2025-07 for a conditional use permit for a
waiver of Eagle City Code Section 8-3-3(B)(2) to permit the construction of a decorative concrete
fence/wall adjacent to an arterial street, with the following staff recommended site -specific conditions of
approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
2. A fence permit is required prior to construction.
3. The proposed fence shall not be constructed within any part of the 10-foot-wide irrigation and utility
easement as noted on the plat of Banbury Subdivision No. 6.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs, gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
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letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a surety shall be submitted to the City Clerk, prior
to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall
be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall
cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light -fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
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dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The
letter shall include the following comments and minimum requirements, and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square -feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Parks and Pathways Development Commission for a path
or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
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23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
is sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change
from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning
Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of
approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide
written acknowledgment to the City accepting the terms of the transferred conditional use permit within
sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the
conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be
declared void after notice and public hearing before the city council.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use
(CUP-2025-07) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional
Uses" and has concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-7-3-1(C),
which states exceptions or waivers of standards within Title 8 or Title 9, other than use,
inclusive of the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may
be permitted through issuance of a conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since a single-
family dwelling is in accordance with the Large Lot Comprehensive Plan designation at the
site and the addition of a decorative concrete wall on the property is not in conflict with any
objective of the Comprehensive Plan.
C. Will 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 since the proposed wall will be located
entirely on the applicant's property and will not detract from the appearance of the area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the proposed
wall will be located exclusively on the applicant's property and no negative impacts are
expected to be created by the addition of a concrete wall;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the
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persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, since public services and facilities are currently available
at the site and the proposed concrete wall will not impact the availability of these services.
F. 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, since the applicant is
not proposing any new development beyond the decorative concrete wall, and the project will
be privately funded by the applicant;
G. Will not involve uses, activities, processes, materials, equipment 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, since the transportation system has
been found to be adequate by the ACHD and since the proposed change is not expected to
generate any noise, smoke, fumes, glare or odors;
H. The property has an existing driveway access from Hempstead Drive, which is designed to not
create an interference with traffic on surrounding public thoroughfares as approved by the
ACHD; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since none are apparent on -site and the applicant is not proposing the removal of
any natural features.
2. Failure to comply with all provisions and any condition of approval of this conditional use permit may
result in a compliance hearing in front of the City Council at which time the Council may add conditions
to the permit, modify existing permit conditions, or revoke all or part of the permit.
DATED this 2nd day of September, 2025.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chai
ATTEST:
Tracy E. iJ . rn, Eagle City Clerk
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