Findings - 2026 - RZDA-95-MOD5 & CUP-2026-12 - - Rezone with a development agreement modification for Eagle Marketplace and conditional use permit for Habit Burger (restaurant with drive-through).BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A )
REZONE WITH A DEVELOPMENT )
AGREEMENT MODIFICATION FOR EAGLE )
MARKETPLACE AND CONDITIONAL USE )
PERMIT FOR HABIT BURGER (RESTAURANT )
WITH DRIVE -THROUGH) FOR DEAN COOMBS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZDA-95-MOD5 & CUP-2026-12
The above -entitled rezone with development agreement modification and conditional use permit
applications came before the Eagle Planning and Zoning Commission for their recommendation on June
15, 2026, 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:
Dean Coombs, represented by Jeff Likes, is requesting a rezone from C-1-DA (Neighborhood
Business District with a development agreement) to C-2-DA (General Business District with a
development agreement), development agreement modification for Eagle Marketplace, and a
conditional use permit for a restaurant (with drive -through) for Habit Burger. The 5.95-acre site is
located on the north side of East Chinden Boulevard, approximately 400-feet east of South Eagle
Road, at 3314 East Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 3210 East Chinden Boulevard at 6:00 PM, on March 23,
2026, for the rezone, development agreement modification, and conditional use permit in
compliance with the application submittal requirements of Eagle City Code. The applications for
this item were received by the City of Eagle on April 27, 2026.
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 May 29, 2026. 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
May 26, 2026. The site was posted in accordance with the Eagle City Code on June 4, 2026.
Requests for agencies' reviews were transmitted on May 6, 2026, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF REVELANT PREVIOUS ACTIONS:
On June 27, 1995, the City Council approved a rezone with development agreement (recorded as
Ada County instrument #95062665) for this site for William Hodges (RZ-95).
On November 24, 1998, the City Council approved a conditional use permit for Eagle Country
Plaza Shopping Center for William Hodges (CU-07-98).
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On September 18, 2001, the City Council approved a development agreement modification
(recorded as Ada County instrument # 101131820) to allow the monument signage to be increased
from 8-feet to 15-feet in height for William Hodges (RZ-95-MOD).
On July 8, 2003, the City Council approved a development agreement modification (recorded as
Ada County instrument #103137170) to erect a monument sign to be shared with the City of Eagle,
and to allow the placement of one directional sign at each of the two entrances into the shopping
center (RZ-95 MOD2).
On April 29, 2005, William Hodges submitted a conditional use permit modification application to
allow vehicular access to/from the shopping center to enter and exit the easternmost driveway
(providing access to Chinden Boulevard via a driveway) which was required to be closed per site
specific condition of approval number 18 of the original conditional use permit. The application
was subsequently withdrawn.
On January 26, 2016, the City Council approved a development agreement modification to modify
the conditions of development relating to landscaping, building design, and service facilities (RZ-
95 MOD3).
On April 9, 2024, the City Council approved a development agreement modification to update the
Concept Plan removing the language "Pharmacy," "Restaurant A," and "Retail" labels shown on
the buildings (RZ-95 MOD4).
E. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
C-1-DA (Neighborhood
Commercial (Eagle
Existing
Commercial
Business District with a
Marketplace)
development agreement)
C-2-DA (General
Commercial (Eagle
Proposed
No Change
Business District with a
Marketplace)
development agreement)
North of site
Mixed Use
R-1 (Residential)
Residential
Commercial
MX-3 (Mixed Use:
South of site
(City of Boise)
Active — City of Boise
Commercial
Designation)
East of site
Mixed Use
R-1 (Residential)
Residential
R-1-P (Residential —
Residential (Banbury
PUD) and C-2-DA (C-2-
Subdivision) and
West of site
Large Lot
DA (General Business
Commercial (Eagle
District with a
Marketplace)
development agreement)
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G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
H. WILDLAND-URBAN INTERFACE OVERLAY DISTRICT:
The site is not located within the wildland-urban interface overlay district.
I. SITE DATA:
Total Acreage of Site — 5.95-acres
Total Number of Lots — 1
Residential — 0
Commercial — 1
Industrial — 0
Common — 0
Total Number of Units -
Single-family - 0
Single-family attached - 0
Two-family - 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
GENERAL SITE DESIGN FEATURES:
The applicant is proposing one (1) restaurant with drive -through within the entirety of the existing
4,956-square foot single -story commercial building. Existing drive -through lanes are proposed to
be used for on -site circulation.
K. PARKING ANALYSIS:
Combined Total for Tenant Area
Total: 32 — on -site parking spaces (Existing)
Gross Floor Area of Proposed Restaurant with Drive -Through
4,956-square-feet
Required Total for Restaurant with Drive Through
1 parking space/200 square -feet
4,956/200 square -feet = 24.78 = 25 parking spaces
• Eagle City Code Section 84-5 requires 1 parking space per 200 square feet of gross floor
area; plus queue space for 5 cars for drive up service for "Restaurant with Drive -Through"
uses:
Total: = 32 parking spaces plus queue space for 5 cars for drive up service
L. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
The rezone to C-2 will allow this parcel to utilize the existing drive-thru component to the structure
for restaurant use. As this portion of the Chinden Blvd corridor continues to expand, improve and
redevelop, the potential for other commercial types of development such as a hotel or emergency
healthcare type facilities will be looking at this area as a place to provide services. By connecting
to and extending the existing C-2 zone area at this intersection, it will allow for these types of uses
in the future.
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N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Police service is provided by the Eagle Police Department. The site is located within the Eagle Fire
District service boundary, and water is provided by Veolia Water.
The site is annexed into the Eagle Sewer District. In an email received by staff (attached to the staff
report) on May 8, 2026, the Eagle Sewer District stated that the modification to a restaurant will
likely result in upgrades to the wastewater system including a grease interceptor and additional
connection fees. The applicant is wholly responsible for upgrading the wastewater system and for
the cost of additional connection fees.
O. NON -CONFORMING USES:
Based upon the information available, the proposed rezone will not create any noncompliance
issues with regard to provisions of the Eagle City Code.
P. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek— no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
Q. 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;
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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.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Ada County Highway District
Department of Environmental Quality
Idaho Transportation Department
Eagle Fire Department
Eagle Sewer Department
S. LETTERS FROM THE PUBLIC:
No letters have been received for this application.
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 May 12, 2026), designates this site as the
following:
Commercial
Intended primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within Downtown Eagle. To
support regional accessibility and minimize impacts on downtown, large-scale and traditional big
box commercial development should be located near the city's periphery.
Chinden Terrace Planning Area
Land Uses
The Chinden Terrace Planning Area designated for mixed -use combining residential office, limited
retail, and community commercial uses. Parcel specific commercial (see Map 6.1) shall be located
at the northeast corner of Eagle Road and Chinden Boulevard.
Desien
Shared parking and cross access agreements should be encouraged to achieve additional parking
for patrons using the area and to reduce the visual impact of individual parking lots.
Issues of Concern
Recent access restrictions (medians and limited turn movements) and long-range plans from ITD
will have impacts on the health and sustainability of commercial uses in this area.
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Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls. This designation includes the
Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
including natural vegetation and restoration, regional trails and connectivity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
RESTAURANT WITH DRIVE -THROUGH: A restaurant, typically with indoor seating,
which includes drive -up window service for ordering food to go.
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
C-I NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience
business uses which tend to meet the daily needs of the residents of an immediate neighborhood
while establishing development standards that prevent adverse effects on residential uses
adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or
integrated shopping centers located within residential neighborhoods.
C-2 GENERAL BUSINESS DISTRICT: To permit the establishment of areas for commercial
uses allowed in other commercial zones and commercial uses which are more intensive than
those permitted in other commercial zones. Uses that complement rather than compete with the
uses allowed within the CBD zoning district shall be encouraged.
Eagle City Code Section 8-2-3: Official Schedule of District Regulations:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Minimum
Note Conditions A To E*
Maximum
Lot Area
Lot
(Acres Or
Minimum
Zoning
Maximum
Interior Street
Covered F
Square
Lot
District
Height
Front Rear Side Side
And J*
Feet) H*
Width I*
C-1
35'
15' 0' 0' 10'
50%
2,000
25'
C-2
35'
0' 0' 0' 0'
92%
1,300
25'
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• Eagle City Code Section 8-2A-7(K): Parking Lot Landscaping:
l . Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it
does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used
to screen parking areas (chainlink fencing shall not be permitted). In the design of large
parking areas, arrange bays of parking spaces to be separated by landscaping. When
parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than
allowing the lot surface to extend above natural grade.
Z. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
located adjacent to a public right of way. The landscaped strip shall serve to shield views
of parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along
the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1
slope) within a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop
from the right of way to the parking lot, and plant with a minimum of one shade tree
and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway
openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way
and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per
thirty five (35) linear feet of frontage, excluding driveway openings.
(1) The board may waive the requirement for a wood, brick, stone, decorative block or
concrete fence if the board finds the following:
(A) The applicant must design, document, and obtain city approval representing that
the overall planting design, at the time of planting, results in an effective barrier
such that the landscape strip shields the view of parked cars from passing
pedestrians and motorists; and
(B) Any such proposed design alternative is compatible with the overall site design of
the entire project and is compatible with the surrounding area.
Eagle City Code Section 8-7-3-5: Conditional Use Permit:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
7. Requiring more restrictive standards than those generally required in this title.
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E. Transfer Of Permit: A conditional use permit is not transferable from one parcel of land
to another. Conditional use permits are an entitlement to the specific property on which
the approval was granted and upon any transfer of title for the property the conditional
use permit transfers to the new owner(s) without further application or approval,
provided, however, 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 acknowledgement 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.
• Eagle City Code Section 8-10-1: Requirements and Restrictions for Development
Agreements:
G. Modification Of Development Agreement: A development agreement may be modified by
the city council only after complying with the notice and public hearing provisions of
section 67-6509 of the Idaho Code.
C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.8 Except for the limitations and allowances expressly set forth above and the other terms of
this Agreement, the Property can be developed and used consistent with the Neighborhood
Business District and General Business District land uses allowed by the Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review
application or conditional use permit application (whichever the case may be) is made for
individual building use.
All uses shown as "P" permitted under the C-1 and C-2 zoning designation within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations", shall be considered
permitted uses and all uses shown as "C" conditional uses under the C-1 and C-2 zoning
designation shall require a conditional use permit.
In addition to all other use prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property.
• Adult Business
• Automotive, Mobile Home, Travel Trailer, and/or Farm Implement Sales
• Automotive Repair
• Automotive Washing Facility
• Bar (except if incidental to a restaurant use)
• Billiard or Pool Hall
• Machine Shop
• Storage
• Warehouse or Industrial Uses
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D. DISCUSSION:
Pursuant to Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
operation of a restaurant with a drive -through is a prohibited use within the C-1 (Neighborhood
Business District) zoning district and a conditional use within the C-2 (General Business
District) zoning district. The applicant is requesting a rezone of the property from C-1-DA to
C-2-DA to allow for the submittal of a conditional use permit application for the operation of
a restaurant with a drive -through (Habit Burger). The applicant is also requesting a
development agreement modification to reflect the rezone to C-2-DA within the conditions of
development.
Subsequently, the applicant has submitted a conditional use permit application to allow for the
operation of a restaurant with a drive -through (Habit Burger). If the rezone, development
agreement modification, and conditional use permit are approved, Habit Burger should be
allowed to operate a restaurant with a drive -through in the existing commercial building at
3314 East Chinden Boulevard.
Pursuant to Eagle City Code Section 8-7-3-5(E), conditional use permits are an entitlement to
the specific property on which the approval was granted and upon any transfer of title for the
property the conditional use permit transfers to the new owner(s) along with the conditions of
approval applicable to the permit that was transferred. Eagle City Code Section 8-7-3-5(D)(7),
states that upon the granting of a conditional use permit, conditions may be attached to said
permit requiring more restrictive standards than those generally required in this title. If the
applicant's request for a conditional use permit for a restaurant with a drive -through is
approved, the conditional use permit should not apply or be transferable to any tenant besides
Habit Burger. Any future tenant of the commercial building should be required to comply with
the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" and require a
conditional use permit if the land use is identified as "C" — conditional use, including but not
limited to a restaurant with a drive -through.
Pursuant to Eagle City Code Section 8-2A-7(K), a landscape strip shall be provided when a
parking lot is located adjacent to a public right of way. Additionally, Eagle City Code Section
8-2A-7(L) states that landscaped strips shall be provided between all building development and
public rights of way. The landscaped strip shall be ten feet (10') wide minimum and planted
with one shade tree and ten (10) shrubs for every thirty-five feet (35') of street frontage. Two
(2) ornamental or two (2) evergreen trees may be substituted for one shade tree.
Due to the increased impact of a restaurant with a drive -through, the applicant should be
required to enhance the existing landscape strip along the north side of Chinden Boulevard in
such a way as to complement the entirety of the development and should be designed according
to the standards within Eagle City Code Section 8-2A-7(K&L). The landscape screening should
be a minimum of thirty-six inches (36") high (measured from the finished surface of the drive -
through) and may include screening elements such as berming, decorative block wall,
evergreen plant material, or combination thereof to reduce the impact of the vehicles utilizing
the drive-thru lanes (i.e. vehicle headlights and vehicle queueing). The applicant should submit
a Design Review application for the landscaping modifications, and a zoning certificate should
be issued prior to the issuance of a certificate of occupancy for the commercial building.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on June 15,
2026, 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 applications was presented to the Planning and Zoning Commission by
no one (not including the applicant).
C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to or in favor of the applications was presented to the Planning
and Zoning Commission by one (1) individual who indicated that traffic to the proposed drive -through
will be limited by the restricted right-in/right-out access on Chinden Boulevard, but also stated he could
walk to the site for lunch.
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:
00:35:38): htlps://ea lg a id.granicus.com/player/clip/2249?view id=1&redirect=true
COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT MODIFICATION:
The Commission voted 4 to 0 (Wright absent) to recommend approval of RZDA-95-MOD5 for the
requested rezone from C-1-DA (Neighborhood Business District with a development agreement) to C-2-
DA (General Business District with a development agreement), and for the following staff recommended
modifications to the staff recommended condition of development 3.8 to be placed within the modified
development agreement for Eagle Marketplace with underline text to be added by the Commission:
3.8 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the General Business District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever the
case may be) is made for individual building use.
All uses shown as "P" permitted under the C-2 zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations", shall be considered permitted uses and all uses
shown as "C" conditional uses under the C-2 zoning designation shall require a conditional use
permit.
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In addition to all other use prohibited within said section of Eagle City Code and on the entire Property
as noted above, the following uses shall also be prohibited on the Property.
• Adult Business
• Automotive Body Shop
• Automotive Gas Station or Fuel Islands
• Automotive Gas Station/Service Shop
• Automotive, Mobile Home, Travel Trailer, and/or Farm Implement Sales
• Automotive Repair
• Automotive Washing Facility
• Bar (except if incidental to a restaurant use)
• Billiard or Pool Hall
• Machine Shop
• Storage
• Warehouse or Industrial Uses
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 4 to 0 (Wright absent) to recommend approval of CUP-2026-12 for a conditional
use permit for a restaurant (with drive -through) for Habit Burger with the following staff recommended site
specific conditions of approval and standard conditions of approval with underline text to be added by the
Commission and strike through text to be deleted by the Commission:
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. The request for a conditional use permit for a restaurant with a drive -through is hereby granted €er-the
Habit au fge_ ,.4y Kabit Burger- shall be allowed to operate a restaurant with a drive -through in the
existing commercial building at 3314 East Chinden Boulevard.
3. The eenditional use peffait shall not apply er- be tT-aasfef-able to any tenant besides Habit Bufgen Any
futufe tenapA of the eewAaef-eial building shall be required to eemply with the Eagle City Code Seetie.n.
identified as "C" eenditional use, ineluding btit net lifaited te a restaurant with a drive thfetigh-.
The conditional use permit shall be transferable to a new tenant if a traffic impact study is submitted to
the City showing the new tenant's traffic and drive -through queuing impacts are equal to or less than
the previous tenant, otherwise a conditional use permit shall be required.
4. The applicant shall be required to enhance the existing landscape strip along the north side of Chinden
Boulevard in such a way as to complement the entirety of the development and shall be designed
according to the standards within Eagle City Code Section 8-2A-7(K&L). The landscape screening
shall be a minimum of thirty-six inches (36") high (measured from the finished surface of the drive -
through) and may include screening elements such as berming, decorative block wall, evergreen plant
material, or combination thereof to reduce the impact of the vehicles utilizing the drive-thru lanes (i.e.
vehicle headlights and vehicle queueing). The applicant shall submit a Design Review application for
the landscaping modifications, and a zoning certificate shall be issued prior to the issuance of a
certificate of occupancy for the commercial building.
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.
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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.
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.
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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
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.
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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.
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.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed rezone with a
development agreement modification (RZDA-95-MOD5) with regard to Eagle City Code Section 8-7-
5 "Action by the Commission and Council", and based upon the information provided concludes that
the proposed development agreement modification is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of C-2-DA (General Business District with a development
agreement) is consistent with the Commercial designation as shown on the Comprehensive Plan
Land Use Map because the permitted land uses for the C-2 zoning district within Eagle City Code
Section 8-2-3 "Schedule of District Regulations" include offices, retail, and service establishments
as identified in the Commercial designation of the Comprehensive Plan. The C-2 zoning district is
identified as a compatible district with the Commercial designation within the Zoning
Compatibility Matrix (Figure 6.8) of the Comprehensive Plan;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicated that adequate public facilities exist to continue to serve the existing
commercial uses that exist on the site and any proposed commercial use and on this property under
the proposed zone;
c. The proposed C-2-DA (General Business District with a development agreement) zone is
compatible with the R-1 (Residential) zone and land use to the north since the subject property is
already developed as a commercial center and the property is subject to a development agreement
that restricts certain land uses and building footprints. Any deviation from the terms and concept
plan found within the development agreement would require City Council approval following a
public hearing;
d. The proposed C-2-DA (General Business District with a development agreement) zone is
compatible with the MX-3 (Mixed Use: Active — City of Boise Designation) zone and land use to
the south since the development consists of similar commercial uses and is separated by a principal
arterial (State Highway US-20/US-26; Chinden Boulevard);
e. The proposed C-2-DA (General Business District with a development agreement) zone is
compatible with the R-1 (Residential) zone and land use to the east since the subject property is
already developed as a commercial center with the existing multi -tenant building facing away from
the R-1 properties to the east. Access to and from Eagle Marketplace over the shared driveway to
the east is restricted by existing emergency bollards, and landscaping is maintained along the
eastern property line to screen the existing commercial development on the property;
f. The proposed C-2-DA (General Business District with a development agreement) zone is
compatible with the R-1-P (Residential — PUD) and C-2-DA (C-2-DA (General Business District
with a development agreement) zones and land use to the west since the subject property is already
developed as a commercial center and is separated by a principal arterial (State Highway 55; Eagle
Road). The site is subject to a development agreement that restricts certain land uses and building
footprints and any deviation from the terms and concept plan found within the development
agreement would require City Council approval following a public hearing;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described
within the Comprehensive Plan;
h. No non -conforming uses are expected to be created with this rezone.
2. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit (CUP-2025-12) in terms of Eagle City Code Section 8-7-3-2, "General Standards For
Conditional Uses" and has concluded that the proposed conditional use:
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A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since a
restaurant with a drive -through may be permitted within the C-2 zoning district with the approval
of a conditional use permit;
B. Will be harmonious with and in accordance with the general objectives of the Comprehensive Plan
and Eagle City Code Title 8, (as shown within the findings provided within this document), because
the proposed use is consistent with the identification of service establishments in the Commercial
designation of the Comprehensive Plan. Any future tenants of the building are to provide a traffic
impact study showing the same or less traffic and vehicle queuing impacts, as required by the site
specific conditions within this document. The site of the proposed restaurant is also located in the
Chinden Terrace Planning Area within the Comprehensive Plan, which identifies community -based
commercial uses to be suitable along Chinden Boulevard;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing character of the general vicinity because the existing building is
intended to remain, and the landscape buffer along Chinden Boulevard is required to be enhanced
to inhibit the impacts of vehicle headlights and vehicle queuing through a design review application
for building and landscape modifications;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the commercial
center of Eagle Marketplace has already been developed, the proposed restaurant will utilize an
existing commercial building, and is isolated ,from existing and future neighborhood sites to the
north and east because of restricted access to and from Eagle Marketplace;
E. Will be served adequately by essential public facilities such as vehicular and pedestrian access from
Chinden Boulevard and Eagle Road (Idaho Transportation Department) , police protection from
Eagle Police Department, fire protection from Eagle Fire Department, drainage structures from the
existing commercial development, refuse disposal from Hardin Sanitation, water service from
Veolia Water, and sewer service from Eagle Sewer District as noted in the documentation provided
from said agencies and as required as a part of the conditions of approval;
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 will bear
all costs of development and will be required to pay for facility and service improvements including
but not limited to wastewater grease interceptors required by the Sewer District or applicable traffic
impact fees required by ACHD;
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 since the transportation system
has been found to adequately serve the site by ACHD and ITD, the development is required to have
enhanced landscape screening to inhibit the impacts of headlights onto Chinden Boulevard, and
since a similar restaurant (with a drive -through) use has existed approximately 200-feet south of
the site on the south side of Chinden Boulevard;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares as approved by ACHD and ITD; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since the proposed restaurant with a drive -through use is intended to operate within
the existing building on the property.
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3. 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.
4. Eagle City Code Section 8-7-3-5: C (2) (c) states that the Council shall specify, "The actions, if any,
that the applicant may take to obtain a permit".
Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 6th day of July, 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE,-N
Trent Wriaht. Chairman
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