Findings - CC - 2026 - CUP-2022-14-MOD1 - CUP Modification for an Emergency Services FAcility and Waivers of Eagle City Code, Title 8 for the Eagle Fire District BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT MODIFICATION )
FOR AN EMERGENCY SERVICES FACILITY )
AND WAIVERS OF EAGLE CITY CODE, )
TITLE 8 FOR THE EAGLE FIRE DISTRICT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2022-14-MOD1
The above-entitled conditional use permit application came before the Eagle City Council for their decision
on January 27, 2026, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council, 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:
Eagle Fire Protection District, represented by Tamara Thompson with The Land Group, Inc., is
requesting a conditional use permit modification for reduced setbacks, a waiver of the maximum lot
coverage, minimum lot width, and minimum lot area for a new emergency services facility, including
a parcel division for the creation of two parcels.The 4.40-acre site is located on the west side of North
Horseshoe Bend Road approximately 500-feet south Beacon Light Road at 12655 North Horseshoe
Bend Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle Fire Station No. 1,966 East Iron Eagle Drive,at 6:30 PM,
on Tuesday, September 16, 2025, in compliance with the application submittal requirements of Eagle
City Code. The application for this item was received by the City of Eagle on September 30,2025.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on October 22, 2025, in accordance with the
requirements of the Eagle City Code.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 November 14, 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 November 14, 2025. The site was posted in accordance with the Eagle City Code on
November 19, 2025.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on December 31,
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 December 29, 2025. The site was posted
in accordance with the Eagle City Code on January 3,2026.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 11, 2023, the City Council approved a conditional use permit for a new emergency services
facility,waiver of minimum lot coverage, and a change of nonconforming use based on the size of the
property. (CUP-2022-14)
On July 8,2025,the City approved a design review application for an 18,345-square foot, single story
emergency services building for Eagle Fire Station No. 2 and the Bureau of Land Management.
(DR-2025-29)
E. COMPANION APPLICATIONS: PD-2025-01
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION LAND USE
Large Lot A-R(Agricultural- One(1)Accessory Structure
Existing Residential Residential) (Single-family residence has been
removed from the property)
Proposed No Change No Change Emergency Services Facility
R-E(Residential-Estates) Single-Family Residential
North of site Estate Residential and A-R(Agricultural- Subdivision(Bogus Ridge
Residential) Subdivision)and Vacant Parcel
Neighborhood Single-Family Residential
South of site Residential R-E(Residential-Estates) Subdivision(Bogus Ridge
Subdivision)
Estate Residential RR(Rural Residential— State Highway 55 and Single-
East of site Family Residential Subdivision
and Mixed Use Ada County designation)
(Maryglen Subdivision No. 1)
Single-Family Residential
West of site Estate Residential R-E (Residential-Estates) Subdivision(Bogus Ridge
Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the City-wide design review overlay district.
H. URBAN RENEWAL AREA:
The site is not located within an Urban Renewal Area.
I. EXISTING SITE CHARACTERISTICS:
The single-family residence previously located on the subject property has been removed, along with
all but one of the former accessory structures. One (1) structure remains on the property, which
functioned as an accessory structure to the former single-family residence. The applicant has indicated
that this remaining structure will be removed during construction of the proposed emergency services
facility.Additionally,the site contains several mature trees located along the northeast property line.
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J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 4.40-acres 4.40-acres(minimum; as
permitted by the existing
Conditional Use Permit
[CUP-2022-14])
Percentage of Site Parcel 1 (Eagle Fire): 6.45% 15%(maximum;as
Devoted to Building Parcel 2(BLM): 30.37% permitted by the existing
Coverage Total(both parcels): 9.82% Conditional Use Permit
[CUP-2022-14])
Percentage of Site 38% 10%(minimum)
Devoted to Landscaping
Number of Parking Spaces 36-spaces,plus 7-enclosed 24-spaces,plus 2-enclosed
Front Setback 3-feet 60-feet(minimum)
Rear Setback 20-feet 30-feet(minimum)
Side Setback 12-feet 30-feet(minimum)
0-feet(interior side with common wall)
Street Side Setback 12-feet 45-feet(minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing one(1)building,which will be utilized as a joint Eagle Fire Department and
Bureau of Land Management facility, including fire apparatus garages and administrative offices.
For the southern portion of the property, the applicant has proposed two (2) potential use options;
however,only one(1)option will ultimately be implemented:
1. A City of Eagle maintenance yard, which is proposed to include the parking of City vehicles and
the storage of materials within a fully screened, solid-fenced yard.
2. Training grounds, which are permitted under the existing conditional use permit associated with
the subject property.
Height and Number of Stories of Proposed Buildings:
The proposed height of the buildings will not exceed 35-feet and will be single-story.
Gross Floor Area of Proposed Buildings: 18,800-square feet
Eagle Fire Department portion: 10,615-square feet
Bureau of Land Management portion: 8,185-square feet
On and Off-Site Circulation:
Access to the site will be provided from North Horseshoe Bend Road. The applicant is also proposing
emergency access to State Highway 55 along the eastern property line of the site.
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L. PARKING ANALYSIS:
Required Total [based on Eagle City Code Section 8-4-5]:
Emergency Services Facility 24-parking spaces;plus 2-
(not including 6,890-square feet 1/500-square feet 11,910/500 enclosed vehicle storage
for engine and apparatus bays) spaces
Total Parking Required 24-parking spaces plus 2-
enclosed
Total Proposed 37-parking spaces plus 7-
enclosed
• Eagle City Code Section 8-4-5 requires 1 parking space per 500-square feet of gross floor area;
plus minimum of 2 enclosed vehicle storage spaces.
M. PUBLIC SERVICES AVAILABLE:
The site is served by City of Eagle Municipal Water, Eagle Police Department, and Eagle Fire
Department. Central sewer service is not provided to the subject property and is not proposed as part
of this application. Wastewater will be discharged into an on-site septic system.
N. PUBLIC USES PROPOSED:
The proposed use is an emergency services facility for the Eagle Fire Department and Bureau of Land
Management.
O. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none identified
Evidence of Erosion—none identified
Fish Habitat—none identified
Floodplain—none identified
Mature Trees—yes—located adjacent to the northeast property line
Riparian Vegetation—none identified
Steep Slopes—none identified
Stream/Creek—none identified
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An Environmental Assessment Plan is not required with this application.
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Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
City Engineer
Ada County Highway District
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
R. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
S. 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.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
CHAPTER 4: UTILITIES,FACILITIES, & SERVICES
4.4.1 I Fire Protection Goal
Work cooperatively with fire protection districts to ensure that fire protection services are able to
maintain existing levels of service and accommodate the increasing demands imposed by a growing
population and new businesses.
4.4.2 I Objectives
A. Work cooperatively with districts to ensure that fire stations,equipment,and trained fire and EMS
personnel are available to maximize effectiveness and minimize service response times.
B. Ensure that needed resources are provided to respond to and mitigate all hazard risks to the
community.
C. Engage fire protection providers in community design and development review to ensure that the
built community is developed to appropriate public safety standards.
4.4.3 I Implementation Strategies
A. Work with the school districts, landowners, developers, and the City to fund site acquisition and
construction of fire stations.
B. Communicate with neighboring emergency service providers to coordinate the location of
facilities to enhance each other's capabilities.
C. Work with the City and developers on standards that increase a building's ability to withstand
wildfires.
D. Work with other City, County, State, and Federal agencies to mitigate all hazard risks.
E. Encourage and support ongoing employee training and community education.
F. Implement the adopted level of service for fire protection within the City of Eagle and enforce the
collection of Eagle Fire District Impact Fees as determined by the Eagle Fire District Impact Fee
Study and Capital Improvement Plan.
CHAPTER 6: LAND USE
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.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
EMERGENCY SERVICES: Provision of emergency medical care transportation, fire protection
and police protection,including incidental storage and maintenance and parking of emergency and
emergency related vehicles.
LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the
horizontally projected area of the lot, expressed as a percentage.
NONCONFORMING USE: A building, structure or use of land existing at the time of enactment
of this title,and which does not conform to the regulations of the district in which is situated.
• Eagle City Code Section 8-2-3: Schedule of District Regulations:
An Emergency Services Facility requires a conditional use permit within the A-R (Agricultural-
Residential)zoning district.
• Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the
A-R(Agricultural-Residential)zone:
Zoning Maximum Front Rear Interior Street Maximum Lot Minimum Minimum
District Height Side Side Covered Lot Area Lot
(Acres) Width
A-R 35' 60' 30' 30' 45' 10% 4.7 acres 100'
• Eagle City Code, Section 8-3-3: Supplemental Yard and Height Regulations:
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts: Nonresidential
buildings or uses shall not be located nor conducted closer than forty feet(40')to any lot line
of a Residential District; except that the minimum yard requirements may be reduced to fifty
percent (50%) of the requirement if acceptable landscaping or screening approved by the
Council is provided. Such screening shall be a masonry or solid fence between four feet(4')
and eight feet(8')in height,maintained in good condition and free of all advertising or other
signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not
less than twenty feet (20') in width planted with an evergreen hedge or dense planting of
evergreen shrubs not less than four feet(4')in height at the time of planting.
• Eagle City Code, Section 8-5-2: Authority To Continue Nonconforming Use:
If a lawful use involving individual structures, or of a structure and land in combination, exists at
the effective date hereof that would not be allowed in the district under the terms of this title,the
lawful use may be continued so long as it remains otherwise lawful, subject to the following
provisions:
C. Change Of Nonconforming Use: Any nonconforming use of a structure and land may, upon
the issuance of a conditional use permit by the Council,be changed to another nonconforming
use;provided,that the Council shall find that the proposed use is equally appropriate or more
appropriate to the district than the existing nonconforming use.In permitting such change,the
Council may require appropriate conditions and safeguards in accord with other provisions of
this title.Upon the change of a nonconforming use to another nonconforming use through the
issuance of a conditional use permit, the terms and provisions of the conditional use permit
shall prevail and the previous nonconforming use rights shall no longer exist. If any term or
condition of the conditional use permit is violated,the conditional use permit may be revoked,
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at which time the use will be considered an illegal use. Thereafter, the use and zoning shall
conform to those permitted or conditional uses allowed under the zoning code in effect at that
time. Pursuant to Eagle City Code Section 8-5-2(C), any nonconforming use of a structure
and land may, upon the issuance of a conditional use permit by the Council, be changed to
another nonconforming use; provided that the Council shall find that the proposed use is
equally appropriate or more appropriate to the district than the existing nonconforming use.
C. DISCUSSION(based on the site plan, date stamped by the City on September 30, 2022):
• A conditional use permit has previously been approved for this property to: (1)permit the use of
an emergency services facility; (2) permit the continuation of a legal nonconforming use, as the
parcel did not meet the minimum lot size requirement of the A-R(Agricultural-Residential)zoning
district; and (3) increase the maximum allowable lot coverage from ten percent (10%) to fifteen
percent(15%).
The applicant has requested a modification to the previously approved conditional use permit. The
Eagle Fire Department has partnered with the Bureau of Land Management (BLM) to establish a
joint emergency services station; however, BLM requires ownership of a separate parcel for its
facility. To meet this requirement, the applicant proposes to divide the existing 4.4-acre property
into two(2)parcels: Parcel 1 at 3.78-acres and Parcel 2 at 0.62-acres.
• A change of nonconforming use was previously approved through the original Conditional Use
Permit (CUP) to allow the 4.4-acre property (nonconforming in regard to to the A-R zone's
minimum 4.7-acre parcel size) to be used for an emergency services facility, training support
building,and training tower in place of the former single-family residence and accessory structures.
The applicant is now requesting a modification to the CUP to allow a parcel division that would
create two (2) parcels: Parcel 1 at approximately 3.78 acres and Parcel 2 at approximately 0.62
acres. The existing parcel is already legally nonconforming in size,therefore,the resulting parcels
would also remain below the minimum lot size requirement. As a result, continuation of the
property's legal nonconforming status with respect to parcel size is included as part of the current
request.
• The applicant has identified two potential uses for the southern portion of the property—either a
City of Eagle maintenance yard(which would include parked vehicles and materials within a solid
fenced yard) or Eagle Fire Department training grounds consistent with the uses approved in the
original conditional use permit application.
• The original conditional use permit approval did not include any reductions to the required setbacks
associated with the A-R zoning designation. Since the applicant has requested to divide the property
into two parcels, and since the proposed parcel boundary bisects the proposed building footprint,
the proposed building does not meet the required setbacks.Setbacks for the A-R zoning designation
are required as follows:
Front: 60-feet
Rear: 30-feet
Interior Side: 30-feet
Street Side: 45-feet
A waiver of Eagle City Code Section 8-2-4 is required for this item.
The applicant is requesting the following reduced setbacks:
Front: 3-feet
Rear: 20-feet
Interior Side: 0-feet(common wall)
Street Side: 12-feet
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• A modification to the previously approved increase of the maximum lot coverage is requested for
Parcel 2 (the proposed BLM parcel). The existing conditional use permit authorizes up to fifteen
percent (15%) lot coverage for the overall property. As configured, the proposed parcel division
and building footprint result in a lot coverage calculation of approximately thirty-one percent(31%)
for Parcel 2,whereas Parcel 1 would remain consistent with the previously approved fifteen-percent
(15%)maximum.
A waiver of Eagle City Code Section 8-2-4 is required for this item.
Based on the applicant's request,if the Council approves the maximum lot coverage waiver request,
the maximum lot coverage should be approved as follows:
Parcel 1 —Fifteen percent(15%)(maximum)
Parcel 2—Thirty-one percent(31%)(maximum)
• Pursuant to Eagle City Code Section 8-1-2, Emergency Services allow for the incidental storage,
maintenance and parking of medical transport vehicles. All storage, maintenance, and parking of
emergency vehicles should occur within the confines of the garage units.
• In accordance with Eagle City Code Section 8-3-3(D), nonresidential buildings and uses must be
set back at least forty feet(40')from any parcel line that abuts a residential district.The code further
provides that this setback may be reduced to fifty percent (50%) of the required dimension when
the Council determines that adequate landscaping or screening is incorporated. As part of the
original conditional use permit approval, the applicant was required to provide screening in
accordance with Eagle City Code Section 8-3-3(D).In response to that requirement,the applicant's
current site plan identifies a six-foot(6')tall solid privacy fence along the entire western property
line adjacent to the Bogus Ridge Subdivision,as well as along portions of the northern and southern
property lines.A solid fence is also shown bordering the perimeter of the proposed training yard or
potential City of Eagle maintenance yard, whichever the case may be. All fencing and screening
shown on the proposed site plan should be installed and maintained in the locations and to the
specifications depicted,or as otherwise approved by City Council.
• The applicant is proposing to designate the southern portion of Parcel 1 for use by the City of Eagle
as a maintenance and storage yard. As shown on the site plan dated September 30, 2025, the
maintenance and storage yard is proposed for the outdoor storage of materials (such as
roadway/pathway/trail maintenance supplies,public works equipment,and other municipal service
materials)and the parking of City vehicles. The maintenance yard is proposed to be enclosed by a
six-foot(6')tall solid privacy fence with a sliding gate access. This portion of the site is proposed
to remain unpaved and will be improved with a natural surface, gravel,or similar material.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 1, 2025, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
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: 01:37:46): https://eagle-id.granicus.com/player/clip/2164
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COMMISSION DECISION:
The Commission voted 4 to 0 (Oland absent) to recommend approval of CUP-2022-14-MOD1 for a
conditional use permit modification for reduced setbacks,a waiver of the maximum lot coverage,minimum
lot width, and minimum lot area for a new emergency services facility, with the site specific conditions of
approval and standard conditions of approval provided within their findings of fact and conclusions of law
document,dated December 15,2025.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on January 27, 2026, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the application was presented to the Council by no one.
C. Oral testimony in opposition to the application was presented to the Council by no one.
COUNCIL DELIBERATION:
Upon closing the public hearing, the Council made a motion based on the information provided by staff
and the testimony provided. A video of the deliberation can be found at the following link:
Granicus time: 01:41:14: https://eagle-id.granicus.com/player/clip/2185'meta_id=116268
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT MODIFICATION:
The Council voted 4 to 0 to approve CUP-2022-14-MOD1 for a conditional use permit modification for
reduced setbacks, a waiver of the maximum lot coverage,minimum lot width, and minimum lot area for a
new emergency services facility,with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The "Emergency Services" facility with a training center and maintenance yard are the only uses
approved with this conditional use permit.
2. Comply with all requirements of DR-2025-29 and subsequent modifications.
3. 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 certificate of occupancy and/or upon receipt of an invoice by the
City,whichever occurs first.
4. Sirens shall not be used while on the property where the"Emergency Services"facility is located unless
otherwise required by I.C. Section 49-623.
5. A waiver of Eagle City Code Section 8-2-4 is granted with this application, and the maximum lot
coverage shall be approved as follows:
Parcel 1 -Fifteen percent(15%)(maximum)
Parcel 2-Thirty one percent (31%)(maximum)
6. A waiver of Eagle City Code Section 8-2-4 is granted with this application,and the setbacks for Parcel
1 and Parcel 2 shall be approved as follows:
Front: 3-feet
Rear: 20-feet
Interior Side: 0-feet(common wall)
Street Side: 12-feet
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7. The minimum area for the two (2)proposed parcels shall be approved as follows:
Parcel 1 —3.78-acres (minimum)
Parcel 2—0.68-acres(minimum)
8. All fencing and screening shown on the proposed site plan shall be installed and maintained in the
locations and to the specifications depicted on the site plan dated September 30, 2025, or as otherwise
approved by City Council.
9. All storage, maintenance, and parking of emergency vehicles shall occur within the confines of the
garage units.
10. No signs are proposed with this application, and none are approved. A design review application is
required for the approval of any signs.
11. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department
prior to issuance of a building permit.
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
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.
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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.
12. 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.
13. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
14. 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:
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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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. Basements in the flood plain are prohibited.
21. 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.
22. 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.
23. 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.
24. 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.
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25. 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.
26. 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).
27. 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.
28. 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 Council reviewed the particular facts and circumstances of the proposed conditional use permit
modification(CUP-2022-14-MOD I)in terms of Eagle City Code Section 8-7-3-2, "General Standards
For Conditional Uses"and has concluded that the proposed emergency services facility:
A. Will,in fact,constitute a conditional use as established in Eagle City Code Section 8-2-3 since the
Emergency Services Facility use may be permitted within the A-R (Agricultural-Residential)
zoning district with the approval of a conditional use permit;and 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). The proposed
emergency services facility is harmonious with and in accordance with the Comprehensive Plan,
particularly Chapter 4(Utilities,Facilities,and Services),which encourages coordination with fire
protection providers, inter-agency partnerships, and the provision of facilities necessary to
maintain emergency response capabilities.The use is also consistent with the provisions and intent
of Eagle City Code Title 8, which states that Emergency Service Facilities may be permitted in
the A-R zoning district with the approval of a conditional use permit.
The applicant has requested waivers from Eagle City Code Section 8-2-4 pertaining to setbacks,
maximum lot coverage, and minimum lot size. These waivers are necessitated by the parcel
configuration required to establish the joint facility and do not alter the overall nature, intensity,
or purpose of the emergency services use previously approved. The requested waivers do not
conflict with Comprehensive Plan policies and remain consistent with the functional needs and
public-serving role of emergency service facilities;
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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. The proposed building and site landscaping
have been reviewed by the City of Eagle Design Review Board and approved by City Council
under design review application DR-2025-29. The applicant remains subject to all conditions of
approval associated with DR-2025-29,and nothing within this application modifies or supersedes
the approvals or conditions established through that action;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the conditions
of approval herein limit permitted uses on the site, restrict the storage and parking of emergency
vehicles to indoor facilities, and prohibit the use of sirens on site (unless otherwise required by
Idaho Code Section 49-623),thereby reducing potential nose and operational impacts to adjacent
properties;
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. The site is served by City of Eagle Municipal Water, Eagle Police
Department, and Eagle Fire Department. Central sewer service is not provided to the subject
property and is not proposed as part of this application.Wastewater will be discharged into an on-
site septic system as approved by Central District Health;
F. Will not create excessive additional requirements at public cost for public facilities or services,
nor will it be detrimental to the economic welfare of the community. As conditioned herein, the
applicant is responsible for payment of all applicable engineering and legal review fees associated
with the project, the applicant will bear all costs of development, and the use supports essential
public safety services that are intended to benefit the community at large;
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.The facility's operational characteristics
— including the indoor storage and maintenance of emergency vehicles, restricted siren use, and
inclusion of solid fencing and screening — ensure that activities remain consistent with those
approved under the original conditional use permit. This modification does not introduce new
noise-generating or traffic-intensive uses beyond what is typical for an emergency services
facility.No processes or materials associated with the proposal are anticipated to generate smoke,
fumes, glare,or odors in quantities detrimental to adjacent properties or the general welfare;
H. The vehicular access configuration and associated improvements within the public right of way
have been reviewed and approved by the Ada County Highway District (ACHD). ACHD has
conditioned the project to ensure safe and adequate access,and no adverse impacts to surrounding
transportation systems have been identified. The approved approaches therefore do not create
interference with existing or planned traffic circulation; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since no natural, scenic, or historic features of major importance associated with this
application have been identified.
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.
3. Pursuant to Eagle City Code Section 8-7-3-5(F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
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Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 10t'day of February 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pike,Mayor
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