Findings - 2026 - RZDA-2022-09 & PP-2022-15 - Shekinah Subdivision - Rezone with a development agreement [in lieu of a conditional use permit] and preliminary plat for Shekinah Sub.BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A REZONE WITH A DEVELOPMENT )
AGREEMENT [IN LIEU OF A CONDITIONAL )
USE PERMIT] AND PRELIMINARY PLAT FOR )
SHEKINAH SUBDIVISION FOR MARK )
BOTTLES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZDA-2022-09 & PP-2022-15
The above -entitled rezone with a development agreement [in lieu of a conditional use permit] and
preliminary plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on August 3, 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:
MGB Investments, LLC, represented by Jim Milian with South, Beck, and Baird, is requesting a
rezone from R-2 (Residential) to C-2-DA (General Business District with a development agreement
[in lieu of a conditional use permit]) and preliminary plat approvals for Shekinah Subdivision, a 9-
lot (8-buildable, 1-common) commercial subdivision. The 6.08-acre site consists of three parcels
(S0520141886, S0520141952, and S0520141906) and is located at the southwest corner of South
Eagle Road and West Colchester Drive at 130 and 135 West Jakona Lane and 2573 South Eagle
Road.
B. APPLICATION SUBMITTAL:
The applications for this item were originally received by the City of Eagle on June 13, 2022.
Prior to resubmitting applications for this item, another Neighborhood Meeting was held at 839
South Bridgeway Place at 6:00 PM, on Wednesday, April 9, 2026, in compliance with the
application submittal requirement of Eagle City Code. The resubmitted applications were
received by the City of Eagle on April 16, 2026.
A revised preliminary plat was received by the City on June 5, 2026.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on September 5, 2025, in accordance with the
requirements of the Eagle City Code. Another transmittal was sent on April 22, 2026, upon
resubmittal of the applications.
Requests for agencies' reviews were most recently transmitted on April 22, 2026, in accordance
with the requirements of the Eagle City Code. Notice of Public Hearing on the applications 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 July 15, 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 July 13, 2026. The site was posted in accordance with the
Eagle City Code on July 22, 2026.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
There is no history of relevant previous actions.
E. COMPANION APPLICATIONS:
All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's narrative date stamped by the City on April 16, 2026 (attached to staff report).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
DESIGNATION
DESIGNATION
LAND USE
Existing
Commercial
R-2 (Residential)
Single-family residential
and vacant parcels
Proposed
No Change
C-2-DA (General Business
Commercial subdivision
District with a development
agreement)
North of site
Neighborhood
R-2-P (Residential — PUD)
Residential subdivision
(Banbury Meadows
Subdivision)
South of site
Commercial
R-2 (Residential)
Residence and automotive
repair business
East of site
Mixed Use
MU-DA (Mixed Use with a
Commercial subdivision
development agreement)
(Lakemoor Commercial
Subdivision)
West of site
Neighborhood
R-2-P (Residential — PUD)
Golf driving range
H. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District.
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I. SITE DATA:
Total Acreage of Site — 6.08 acres
Total Number of Lots — 9
Residential — 0
Commercial — 8
Industrial — 0
Common — 1
Total Number of Units —
Single-family - 0
Single-family attached - 0
Two-family - 0
Multi -family - 0
Total Acreage of Any Out -Parcels — none
ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
0.00-units per acre
0.00-units per acre maximum
Minimum Lot Size
16,909-square feet
1,300-square feet
Minimum Lot Width
116.18-feet
25-feet
Minimum Street Frontage
0-feet
0-feet
Total Acreage of Common Area
0.55-acres
0.00-acres (minimum)
Percent of Site as Common Area
9.05%
0% (minimum)
GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
The applicant is proposing a 40-foot-wide common lot (inclusive of a 10-foot-wide regional
pathway adjacent to South Eagle Road).
Sheet L1.0 "Landscape Plan" shows a proposed enhanced landscape buffer along perimeter of the
site.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed
and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff
runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line
onto another lot except within a drainage easement
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Utility and Drainage Easements, and Underground Utilities:
Eagle City Code Section 9-3-6 requires utility easements to be not less than 10-feet wide. The
preliminary plat, dated June 5, 2026, indicates public utility, irrigation, and lot drainage easements
are provided through blanket utility easements across all lots. Any overhead power or utility lines
are required to be routed underground.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System:
No septic systems are proposed. Any on site septic system will be required to be abandoned.
Pressurized Irrigation:
The applicant provided a pressurized irrigation report, date stamped by the City on April 16, 2026,
stating that irrigation water shall be provided by The Warms Springs Ditch Company. In a letter
dated June 17, 2026, the City Engineer has determined that the calculations within the provided
report show that the proposed development has sufficient water shares to provide irrigation flow as
required by EPIS. The applicant will be required to submit construction drawings of the proposed
pressurized irrigation system at the time of the submittal of a final plat.
Preservation of Existing Natural Features:
The applicant submitted a Natural Features Analysis, dated June 7, 2022, indicating that the site
contains human -made Riverine wetlands located on the south side of the property and states that
there are no sensitive plant or animal species on site. Besides potential wetland habitat mitigation,
staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
K. STREET DESIGN:
Public Streets:
See ACHD correspondence, dated April 29, 2026 (attached to the staff report).
Vehicular circulation within the site is comprised of commercial drive aisles.
Sidewalks:
The street section shown on Page P-1.0 of the preliminary plat, dated June 5, 2026, shows an
internal walkway network within Shekinah Subdivision with six-foot (6') wide walkways along the
front and sides of each commercial building, as well as a ten -foot (10') wide concrete regional
pathway within Lot 1, Block 1, along the west side of South Eagle Road.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed abutting the
interior drive aisles.
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Lighting:
The applicant will be required to submit plans and details of any proposed parking lot lighting to
the City for review and approval by the Design Review Board and City Council.
Street Names:
No new streets are proposed with this application.
L. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION:
The applicant is proposing to construct a ten -foot (10') wide concrete regional pathway along the
west side of South Eagle Road.
M. PARKING ANALYSIS:
The applicant is proposing a maximum gross floor area of 59,775-square feet across the eight
proposed buildings on the site. The proposed development has an average of 1 parking space per
258-square feet of floor area.
Pursuant to the terms of the development agreement, the Owner shall provide a joint/collective
parking written agreement in conformance with Eagle City Code Section 8-4-3-3, prior to issuance
of the first building permit. The joint/collective parking agreement shall be updated with each
design review application submittal, including anytime a change of use or change of tenant for a
specific building is requested. The necessary parking spaces to be provided for the entire
development, based on each type of use included within the parking agreement, shall not exceed
the requirements of Eagle City Code Section 8-4-5.
N. PUBLIC USES PROPOSED:
The applicant is proposing a ten -foot (10') wide concrete pathway within a forty -foot (40') wide
common lot along the eastern property boundary adjacent to South Eagle Road. A public access
easement in favor of the City of Eagle will be provided over the entirety of the pathway.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisitions map currently exists.
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property will be served with potable water from Veolia Water. The Eagle Sewer District
provided an email, dated August 14, 2024, which indicated the property has not yet been annexed
into the District and that the applicant shall define what businesses will be included for the District
to determine sewer capacity and impact fees.
Q. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — Yes; Wetlands along Warm Springs Ditch
Evidence of Erosion — None identified
Fish Habitat — Yes
Floodplain — Yes
Mature Trees — Yes; Adjacent Warm Springs Ditch
Riparian Vegetation —Yes; Adjacent Warm Springs Ditch
Steep Slopes — None identified
Stream/Creek — Yes
Unique Animal Life — None identified, per the submitted Natural Features Analysis
Unique Plant Life — None identified, per the submitted Natural Features Analysis
Unstable Soils — None identified
Wildlife Habitat — Yes; Mature trees
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R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
The applicant submitted a Natural Features Analysis, dated June 7, 2022. The Natural Features
Analysis outlines existing riverine wetlands. The vegetation on site largely consists cottonwood
trees and agricultural grasses.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached:
City Engineer: All comments within the Engineer's letters dated June 17, 2026, are of special
concern (see attached).
Ada County Highway District
Department of Environmental Quality
Idaho Transportation Department
Eagle Fire Department
Eagle Sewer District
T. LETTERS FROM THE PUBLIC: None received to date
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:
Map 6.1 / Figure 6.7 Land Use Map Designations:
The Comprehensive Land Use Map (adopted May 12, 2026), designates portions of this site as the
following:
Non -Residential:
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.
Special Use Areas:
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.
6.4 General Land Use Goals
C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation
corridors, will lend themselves to increased activity and non-residential uses while preserving
larger areas for residential neighborhoods.
D. Preserve the function of regionally significant roadways transecting the city while ensuring
compatibility with land uses and design standards of the city.
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E. Identify areas that will provide employment opportunities to the residents of the city of eagle,
thereby supporting the city as a desirable place to live, work, and recreate.
6.4.3 General Land Use Implementation Strategies
D. Allow for planned activity centers and nodes to provide commercial and non-residential needs
within the City; discourage the development of strip commercial.
W. Limit non-residential uses to designated areas. The scaling, design, and intensity of these areas will
be paramount to the approval of these uses.
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-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 8-2-4: Schedule of Building Height and Lot Area Regulations:
Maximum
Minimum
Zoning
Maximum
Interior
Street
Minimum
District
Height
Front
Rear
Side
Side
Lot
Lot Area
Lot
Covered
Width
Fo' 0' 0' 92% 1,300 SF 25'
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
B. Landscape As Percent of Site:
2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are
integrated into the design of the landscaped area, may be included in the ten percent (10%)
landscape coverage requirement.
Buffer Areas/Common Lots:
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by
six foot (6') high landscaped buffer is required.
K. Parking Lot Landscaping:
2. 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:
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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 8-4-4-3: Joint/Collective Parking Facilities:
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the
peak demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
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3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4- l A of
this chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are
in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder and
copies thereof filed with the zoning administrator prior to issuance of a building/zoning
permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
C. A provision that the city may require parking facilities in addition to those
originally approved upon findings by the city council that adequate parking to
serve the uses has not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city
in an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to
be provided not exceeding twenty percent (20%) of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The
maximum allowable reduction in the number of spaces to be provided shall not exceed
twenty percent (20%) of the sum of the number required for each use served unless a
conditional use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided. (Ord. 309, 1-27-1998)
C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines. Total easement width shall not be less than ten feet (10), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than ten feet (10), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
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planned unit development.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
C. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
The paved portion of the pathway may range from six feet (6) to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum eight feet (8') wide and shall be
located within a sixteen foot (16) wide pedestrian access easement, however, in an
area where low volume pedestrian traffic is anticipated, the council may consider a
reduction in pathway width to six feet (6). Regional pathways such as the Boise River
greenbelt and pathways located adjacent to major roadways shall be a minimum ten
feet (10') wide and shall be located within a twenty-five foot (25') wide pedestrian
access easement.
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), sidewalks on only one side
of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of
curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be
completed with sod, automatic irrigation, and planted with three inch (Y) minimum
caliper shade class trees along all streets within the subdivision. Installation of
landscaping shall be in accordance with section 8-2A-7 of this code. The area within
the eight foot (8') wide landscape strip may be counted toward the minimum required
common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered.
• These applications went before the City of Eagle Parks, Pathways and Recreation Commission
(PPRC) on October 16, 2025, and their recommendations are contained as site specific conditions
of approval herein. The applicant should comply with the PPRC's recommendations, unless
otherwise directed by the City Council.
• The applicant is requesting a rezone from R-2 (Residential) to C-2-DA (General Business District
with a development agreement). Pursuant to Eagle City Code Section 8-2-4 "Schedule of Building
Height and Lot Area Regulations", the established height and lot area regulations for the C-2 zoning
district, at the time of the submittal of this application, are:
Maximum Height: 35-feet
Front: 0-feet
Rear: 0-feet
Side: 0-feet
Street Side: 0-feet
Maximum Lot Coverage: 92%
Minimum Lot Area: 1,300 square feet
Minimum Lot Width: 25-feet
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The applicant is not requesting any deviations from the established regulations within Eagle City
Code Section 8-2-4, however Section 8-2A-7(J)(2) states that when a commercial or industrial use
abuts a residential use, a ten foot (10') wide by six foot (6) high landscaped buffer is required. The
site abuts residential uses to the west and south. Additionally, the proposed preliminary plat shows
a ten -foot (10') wide existing easement along the north, west, and south property boundaries, and
a proposed forty -foot (40') wide landscape buffer along the east property boundary. Therefore, to
provide the minimum width for the required landscaped buffer, and to ensure building setbacks are
not less restrictive than the existing easements and proposed landscape buffer, the setbacks from
the perimeter of the entire development should be as follows:
North Property Line (entire development) 10-feet
South Property Line (entire development) 10-feet
East Property Line (entire development) 40-feet
West Property Line (entire development) 10-feet
• The proposed site plan and preliminary plat show a gross (maximum) floor area of 59,775 square
feet for the entire development, and a maximum floor area of a single building being 11,600 square
feet (Building G). The site should be limited to a maximum of 60,000-square feet of enclosed floor
area (i.e., enclosed with walls and roof). Additionally, no commercial building footprint shall
exceed 12,000-square feet of enclosed floor area (i.e., enclosed with walls and roof).
The applicant is requesting to use a development agreement in lieu of a conditional use permit to
include otherwise conditional uses under the C-2 zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," as permitted uses within the
development. The applicant is also requesting to prohibit otherwise allowed and conditional uses
under the C-2 zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of
District Regulations." The allowance and prohibition of uses suggested below are consistent with
the applicant's requests made in the narrative, date stamped by the City on April 16, 2026.
Except for the limitations and allowances expressly set forth in terms of this Agreement, the
Property should 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," should be considered permitted uses and all uses
shown as "C" conditional uses under the C-2 zoning designation should require a conditional use
permit, except that Restaurant with drive -through (limited to no more than two (2), as shown in
Exhibit C) should be a permitted use.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses should also be prohibited on the Property:
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■ Automotive Body Shop
■ Automotive vehicle vinyl wrap shop
■ Cemetery
■ Kennel
■ Pawnshop
■ Public utility yard
■ Railroad yard or shop
■ Storage
■ Tattoo parlor and body piercing establishments
■ Terminal yard, trucking
■ Truck and equipment repair and sales (heavy)
■ Truck stop
The applicant's narrative, date stamped by the City on April 16, 2026, indicates that the Owner and
the Banbury Meadows Homeowners Association have agreed that the following uses should be
included in the list of prohibited uses on the Property:
■ Any "National Chain" fast-food restaurant. For purposes of this Agreement a "National
Chain" is a fast-food restaurant or coffee shop that operates in at least five (5) different states
and does not include fast -casual restaurants
■ Any "Industrial Uses" set forth in the Official Schedule of District Regulations, Eagle City
Code Section 8-2-4, excepting therefrom Industry Custom and Industry Limited uses (as
defined in the Eagle City Code)
■ Adult business
■ Automotive washing facility
■ Convenience store
■ Fire station
■ Gas station
■ Hotel
■ Liquor store
■ Restaurant or coffee shop with no interior seating area for patrons
■ Self -storage facility
■ Tabacco shop
■ Vape shop
The property is located adjacent to South Eagle Road and within the Scenic Corridor overlay within
the City's Comprehensive Plan. The Comprehensive Plan states that the scenic corridor is intended
to provide significant setbacks from major corridors through the city. These areas may require
berming, enhanced landscaping, detached meandering pathways, and appropriate signage controls.
The applicant has included a ten -foot (10') wide meandering regional pathway within a forty -foot
(40') wide common lot (Lot 1, Block 1) adjacent to South Eagle Road. To create a sense of
uniformity and buffering along South Eagle Road, the applicant should be required to provide a
minimum three-foot (3') high (measured from the finished surface of the drive -through) landscaped
berm along the entire length of the property wherq it abuts South Eagle Road. The landscaped berm
should be located within Lot 1, Block 1, as shown in the Concept Plan (Exhibit Q. Landscape
improvements (trees, shrubs, groundcovers, etc.) should be commensurate with the landscaping
requirements pursuant to Eagle City Code Section 8-2A-7(K)(2)(a).
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Due to the increased impacts of restaurants with drive-throughs created by vehicle queueing and
headlights, additional screening along all drive -through drive aisles should be provided where a
drive -through drive aisle is parallel to West Colchester Drive or South Eagle Road. The additional
screening should be a minimum of three-foot (3') high (measured from the center of South Eagle
Road) 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.
A landscape plan should be reviewed and approved by the Design Review Board and City Council
prior to submittal of a design review application associated with the first building or submittal of a
final plat application, whichever comes first..
• Pursuant to Eagle City Code Section 8-2A-7(J)(2), when a commercial or industrial use abuts a
residential use, a ten foot (10') wide by six foot (6) high landscaped buffer is required. The Owner
should provide a ten -foot (10') wide by six-foot (6) high landscaped buffer comprised of berming,
decorative block wall, evergreen plant material or combination thereof along the southern boundary
of the Property, where the development abuts residential uses.
• The preliminary plat does not include a plat note prohibiting the property owners association from
being dissolved without the consent of the City. The applicant should provide a revised preliminary
plat with a new plat note which states, "The property owners association cannot be dissolved
without the express consent of the City." The revised preliminary plat should be provided prior to
submittal of a final plat application.
The preliminary plat does not include a plat note stating where irrigation water is being provided
from and who is responsible for owning and maintain the pressurized irrigation system. The
applicant should provide a revised preliminary plat with a new plat note which states, "Irrigation
water has been provided by Warm Springs Ditch in compliance with Idaho Code Section 31-
3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and
individual lots will remain subject to assessments from the applicable irrigation entities, to be paid
through fees assessed by the property owners association. The pressurized irrigation system shall
be owned and maintained by the Shekinah Subdivision Property Owners Association, or its
assigns." The revised preliminary plat should be provided prior to submittal of a final plat
application.
Access to Shekinah Subdivision is provided from West Colchester Drive to the north across
property owned by the Banbury Meadows Homeowners Association. An access easement has been
established to allow vehicular and pedestrian ingress and egress through the HOA-owned property.
Additionally, the Idaho Transportation Department (ITD), in a letter dated August 9, 2024, stated
that a temporary right-in/right-out (RIRO) access will be permitted from South Eagle Road. The
letter further states that, upon development of the property to the south, cross -access should be
negotiated between the Owner and the adjacent property owner. At that time, ITD may terminate
the temporary RIRO access.
The applicant has acknowledged the potential for future connectivity by identifying a "possible
future connection to south" on the site plan. If the adjacent property develops, the Owner should
comply with all applicable ITD requirements, including any required cross -access agreement and
any necessary amendments to the existing access agreement with the Banbury Meadows
Homeowners Association. The existing access easement was established solely to provide access
to the subject property and does not authorize access for future development on the adjacent
parcel to the south.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
3, 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 application was presented to the Planning and Zoning Commission by
two (2) individuals (not including the applicant) who indicated:
• The developer has thoughtfully listened to and collaborated with the neighbors and Banbury
Meadows Homeowners Association to design a development that they are excited to see serve their
neighborhood.
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:
03:25:40): https:Ile-agle-id.gj•ani(,us.coi)ilt)lat°ci-%lipl2274?i,ieu• id=l&,redirect—true
COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT:
The Commission voted 3 to 0 (Smith and Guerber absent) to recommend approval of RZDA-2022-09 for a
rezone from R-2 (Residential) to C-2-DA (General Business District with a development agreement) with
the following staff recommended conditions to be placed within a development agreement, with strike
through text to be deleted by the Commission:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Agreement.
Further, Owner will submit such applications regarding floodplain development permit review,
design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable,
and any other applicable applications as may be required by the Eagle City Code, which shall comply
with the Eagle City Code, as it exists at the time such applications are made except as otherwise
provided within this Agreement.
The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements set
forth in this Agreement. Specific design elements shall be clarified during the platting and design
review application processes.
3.2 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, and notice shall be provided as may be required by the City.
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3.3 The conditions, covenants and restrictions for the Property shall contain at least the following:
a) An allocation of responsibility for repair and maintenance of all community and privately owned
drive aisles and parking areas including repair and replacement of asphalt and striping),
sidewalks, walkways and plaza areas, landscaping (including the portion to be maintained within
the ITD right-of-way), pressurized irrigation facilities, fencing, and site amenities. All common
landscape areas in the subdivision are to be maintained in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity The
owner shall provide an operation and maintenance manual including the funding mechanism as
an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified ant that the Property Owners Association or other
entity cannot be dissolved without the express consent of the city.
b) A requirement that all lots shall have a perpetual reciprocal cross -parking and cross -access for
vehicular and pedestrian ingress and egress to public rights -of -way. Such perpetual easement
shall run with the land and the restrictive covenant for maintenance cannot be modified and the
owner's association or other entity cannot be dissolved without the express consent of the city.
c) A requirement that any wetland/riparian vegetation and wildlife habitat on the Property be
maintained, unless otherwise authorized by the Army Corps of Engineers, Idaho Fish & Game
(if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any
other appropriate governmental agencies.
d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations, or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs are subject to all rules, regulations, laws, and ordinances of all applicable
government bodies. In the event a governmental rule, regulation, law, or ordinance would render
a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended
and comply with the applicable rule, regulation, law, or ordinance.
e) A provision that the CG&Rs eannot be modified without the appr-oN,al ef the e
3.4 The setbacks, building heights, and lot area regulations shall be as follows:
North Property Line (entire development) 10-feet
South Property Line (entire development) 10-feet
East Property Line (entire development) 40-feet
West Property Line (entire development) 10-feet
Maximum Building Height 35-feet
Maximum Lot Coverage 92%
3.5 The Property as depicted on the Concept Plan is to be developed with a combination of uses allowed
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-2
zoning designation, and as limited by this Agreement. The site shall be limited to a maximum of
60,000 square feet of enclosed area (i.e., enclosed with walls and roof). No single commercial
building footprint shall exceed 12,000-square feet of enclosed area (i.e., enclosed with walls and
roof).
3.6 Except for the limitations and allowances expressly set forth below 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.
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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, except that Restaurant with drive -through (limited to no more than two (2), as shown in
Exhibit C) is a permitted use unless defined as a "National Chain".
In addition to all other uses 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:
• Any "National Chain" fast-food restaurant. For purposes of this Agreement a "National Chain"
is a fast-food restaurant or coffee shop that operates in at least five (5) different states and does
not include fast -casual restaurants
• Any "Industrial" uses or sub -land uses set forth in the Official Schedule of District Regulations,
Eagle City Code Section 8-2-3, excepting therefrom Industry Custom and Industry Limited uses
(as defined in the Eagle City Code)
• Adult business
• Automotive body shop
• Automotive vehicle vinyl wrap shop
• Automotive washing facility
• Cemetery
• Convenience store
• Fire station
• Gas station
• Hotel
• Kennel
• Liquor store
• Pawnshop
• Public utility yard
• Railroad yard or shop
• Restaurant or coffee shop with no interior seating area for patrons
• Self -storage facility
• Storage
• Tabacco shop
• Tattoo parlor and body piercing establishments
• Terminal yard, trucking
• Truck and equipment repair and sales (heavy)
• Truck stop
• Vape shop
3.7 '
?a:dseaped befm along the entire -length -of theprepe4y where it -abuts South Easle Dew
landsea ed b.e..m shall be lee..4e,1 ..:EL.:.. Tot 1 Bleek 1 as sL.,...,., i the Geneept Plan /L`..1.ibit C-4
Landscape improvements (trees, shrubs, groundcovers, etc.) shall be commensurate with the
landscaping requirements pursuant to Eagle City Code Section 8-2A-7(K)(2)(a).
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Additional screening along all drive -through drive aisles shall be provided where a drive -through
drive aisle is parallel to West Colchester Drive or South Eagle Road. The additional screening shall
be a minimum of three-foot (3') 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 landscape plan shall be reviewed and approved by the Design
Review Board and City Council prior to submittal of a design review application associated with the
first building or submittal of a final plat application, whichever comes first.
Owner shall provide a ten -foot (10') wide by six-foot (6) high landscaped buffer comprised of
berming, decorative block wall, evergreen plant material or combination thereof along the westen
and southern boundaries of the Property, where the development abuts residential uses.
3.8 Owner shall complete the design review process for the site and proposed commercial buildings (as
required pursuant to Eagle City Code) and shall comply with all conditions required by City as a part
of the design review approval prior to issuance of a building permit.
3.9 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal
of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory
Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior
to removal of the trees. No trees shall be removed from the site prior to City approval of a tree removal
plan and replacement plan.
3.10 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City. A detailed landscape plan showing how the trees will be integrated
into the open space areas (unless approved for removal by the City) shall be provided for City
approval prior to the submittal of a final plat.
3.11 The architectural imagery provided (Exhibit D) represent the Owner's current concept for the project.
The Owner and City understand and agrees that certain changes in the architecture may occur,
however, the architectural elements are subject to change at the discretion of the City Council. Owner
shall submit a design review application for the proposed buildings (as required by Eagle City Code)
and shall comply with all conditions required by the Design Review Board and/or City Council prior
to the issuance of a zoning certificate.
3.12 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior to the
issuance of a Zoning Certificate.
3.13 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) detailed planting plans within the proposed and required landscape areas, parking islands,
and all common areas throughout the development, 3) screening details between the drive -through
restaurant drive aisles and South Eagle Road, 4) buffering of the buildings from West Colchester
Drive, 5) the area to be maintained by the owner between the paved shoulder of South Eagle Road
and the property line 6) architectural site plans, elevations, and renderings, as needed to accurately
convey design intent, for all proposed common area structures and irrigation pump house (if
proposed), 7) landscape screening details of the irrigation pump house (if proposed), 8) useable site
amenities such as picnic tables, covered shelters, benches, bicycle racks, gazebos, and/or similar
amenities. The design review application shall be reviewed and approved by the Eagle Design Review
Board and Eagle City Council prior to the submittal of the first final plat.
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3.14 Owner shall provide a detailed parking analysis for the commercial buildings at the time of submittal
of a design review application.
3.14.1 Owner shall provide a joint/collective parking written agreement in conformance with Eagle
City Code Section 8-4-3-3, prior to issuance of the first building permit. The joint/collective
parking agreement shall be updated with each design review application submittal, including
anytime a change of use or change of tenant for a specific building is requested.
3.14.2 All parking associated with the Shekinah Subdivision shall only be allowed in the designated
parking areas located on site.
3.15 Loading facilities or docks shall not be located on the east side of structures, where visible from South
Eagle Road; however, deliveries may be received on the east side of the building. All deliveries,
loading, and unloading activity shall be conducted from within the Shekinah Subdivision. Delivery
activities, including loading and unloading activities, shall not be conducted from a public right-of-
way.
3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum ten -foot (10') wide regional pathway along the portion of the Property located
adjacent to North Eagle Road, pursuant to the Park Pathways and Recreation Commission
recommendation (Exhibit E). The public pathway shall be constructed prior to issuance of a
Certificate of Occupancy for the first structure on the site. The public pathway shall be located in a
recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code
Section 9-4-1-6(E)(2). The instrument number of the recorded easement or easements shall be
referenced on the face of the plat, upon recordation of the final plat(s) wherein the public pathway is
located.
3.17 Owner shall comply with all requirements of the Ada County Highway District and the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks.
3.18 Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not
limited to, ITD infrastructure proportionate share payments/mitigation agreement, access approaches
on South Eagle Road, proposed West Colchester Drive, and road design.
3.19 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
issuance of a building permit. Prior to issuance of any building permits, Owner shall provide proof
of central sewer service with any application for building permit. A letter of approval shall be
provided to the City from the Idaho Department of Health and Welfare, Department of Environmental
Quality, and/or Central District Health, prior to issuance of any building permits.
3.20 Owner shall provide a report or analysis of any proposed changes to any wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish & Game (if applicable), the Idaho Department of Water Resources (if applicable), Ada
County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle
Comprehensive Plan and City Code. Owner agrees that all development and improvement of the
property shall comply with the rules and regulations pertaining to regulated wetlands prior to the
submittal of a final plat application.
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COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Smith and Guerber absent) to recommend approval of PP-2022-15 for a
preliminary plat for Shekinah Subdivision with the following staff recommended site specific conditions of
approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
Comply with all conditions within the development agreement for rezone application RZDA-2022-
09.
2. Comply with all requirements of the City Engineer.
The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City, whichever occurs first (ECC 9-2-3[C][3][1]).
4. All living trees shall be preserved, unless otherwise determined by the City. A detailed landscape
plan showing how the trees will be integrated into the open space areas or private lots (unless
approved for removal by the City Council) shall be provided for City Council final approval prior to
the submittal of a final plat. Construction fencing shall be installed (pursuant to the City's direction)
to protect all trees that are to be preserved, prior to the commencement of any construction on the
site.
5. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
City) along South Eagle Road. The trees shall be located within Lot 1, Block 1, between the ten -foot
(10') wide concrete pathway and the curb. Any and all drainage swales and/or seepage beds shall be
placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing
the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City
with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the
surety may be permitted for any portion of the development that is completed, including street trees
that have been installed. On -going surety for street trees for all undeveloped portions of the
development will be required through project completion (ECC 8-2A-7[E] and ECC 8-2A-18).
6. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights -of -way abutting and within this site prior to approval of a final plat if
applicable (ECC 9-4-1-2).
7. The applicant shall provide a license agreement to the City from ITD approving the landscaping
(grass and irrigation) and maintenance of the landscaped portion of the public right-of-way between
the paved section of South Eagle Road and the property line prior to approval of a final plat (ECC 9-
4-1-2).
8. The Shekinah Subdivision shall remain under the control of one Property Owners Association (ECC
9-3-8[D][4]).
9. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Property Owners Association.
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10. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber Master
Plan. The applicant shall conduct a pre -application meeting with the City of Eagle Fiber Department
prior to submittal of a final plat application. Upon completion of the installation of the municipal
fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates
provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing
the final plat.
11. The applicant shall remove and dispose of all existing buildings, structures, fences, and vehicular
drives on the property prior to the City Clerk signing the final plat.
12. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to
submittal of a final plat application.
13. The applicant shall provide a revised preliminary plat with a new plat note which states, "The property
owners association cannot be dissolved without the express consent of the City." The revised
preliminary plat shall be provided prior to submittal of a final plat application.
14. The applicant shall provide a revised preliminary plat with a new plat note which states, "Irrigation
water has been provided by Warm Springs Ditch in compliance with Idaho Code Section 31-
3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and
individual lots will remain subject to assessments from the applicable irrigation entities, to be paid
through fees assessed by the property owners association. The pressurized irrigation system shall be
owned and maintained by the Shekinah Subdivision Property Owners Association, or its assigns."
The revised preliminary plat shall be provided prior to submittal of a final plat application.
The following conditions of approval reflect the recommendation made by the City of Eagle Parks,
Pathways, and Recreation Commission at the meeting on October 16, 2025:
15. For all alignments in EXHIBIT B of the PPRC action report shown in RED as REGIONAL — ten -
foot (10') wide, the developer shall provide a ten -foot (10') wide concrete pathway built to approved
City standards, at a minimum.
16. The developer shall provide public access easements in favor or the City of Eagle for all alignments
in EXHIBIT B of the PPRC action report shown in RED as REGIONAL — ten -foot (10') wide. Public
use shall be limited to the pathway tread and connecting facilities and equipment intended for
pathway users which may include, but are not limited to, benches, drinking water sources, dog bag
dispensers/waste receptacles, and bike repair stations.
17. The developer shall provide dog waste bag dispensers/waste receptacles (at locations agreed upon by
City staff in writing) at the time of a design review application submittal.
18. Curb ramps shall be provided where sidewalks, walkways, and pathways meet streets, alleys, or other
curb cuts, or where they are permitted by ACHD.
19. The intersections of pathways, sidewalks, and trails shall have a minimum radius of eight -feet to
eliminate sharp turns or blind corners.
20. Public trails and pathways that are anticipated to connect to an adjacent trail or pathway in the future
shall employ a cul-de-sac design at its terminus, as is described in detail in the CITY OF EAGLE
TRAIL AND PATHWAY DESIGN AND CONSTRUCTION STANDARDS. The public access
easement shall extend to the parcel boundary and allow possible connection to adjacent development
and allow the City, or City authorized parties, and adjacent developers, to make alterations within the
easement. Such alterations to elements include, but are not limited to, connection to other trails and
pathways, landscaping, fencing, irrigation equipment, and signage.
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21. If trails or pathways are to be maintained by the City, the developer shall provide maintenance access
easements twenty-five feet in width in favor of the City of Eagle, with a minimum four (4') margin
on each side of the pathway tread within any part of the easement where possible for all alignments
shown as "REGIONAL" or "COMMUNITY". These easements shall not limit the developer in
landscape design beyond the standards established in the trail and pathway standards and Title 9.
Staging and vehicle access locations shall be determined and included in the maintenance agreement
and related easements.
22. Easement provision language shall include the following: "The City of Eagle may construct, connect,
or continue within these easements, public pathways as part of future system expansion, and may
authorize staff, contractors, or neighboring developers to facilitate such improvements within these
easements from any boundary to another public pathway easement or easements, or to parcels
included in any public access agreement."
23. The developer shall be permitted to obtain easements for pathway and/or trail construction that is
outside of the current project footprint as long as the integrity of the existing pathway and trail
network would not be compromised by any proposed additions and necessary realignments, as is
determined by City staff.
24. Public access easement agreements and an associated survey (that depicts the location of each
pathway or trail located within the easement) shall be submitted to the City prior to the City Clerk
signing the final plat associated with the first phase of the development.
25. Pathways and trails shall be constructed and a survey (that depicts the location of each pathway or
trail located within the easement) shall be submitted to the City prior to the City Clerk signing the
final plat for each phase of development.
26. The developer and future property owners association shall provide maintenance of all pathways, in
perpetuity.
27. The City shall reserve the right to display signage within all public access easements similar to what
is shown in Exhibit D of the PPRC action report.
28. Maintenance vehicle access (for City maintained trails) is to be provided. Design to be approved by
the City in writing prior to the beginning of construction of that portion of the trail.
29. Hammerheads (for maintenance vehicle turnaround) shall be provided for all City maintained trails
where only one access is available or where a trail terminates without access to a public roadway.
30. Material staging areas for large maintenance projects shall be designed and documented, and
available for use within 30-days of written notice provided by the City, for any pathway that will be
maintained by the City.
31. Signage, including the physical form, materials, placement, and message, that the developer or
Property Owners Association wishes to display within public access easement(s) must be approved
in writing by the City
CONCLUSIONS OF LAW:
The Commission reviewed the particular facts and circumstances of the proposed rezone with a
development agreement (RZDA-2022-09) 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
rezone from R-2 (Residential) to C-2-DA (General Business District with a development agreement [in
lieu of a conditional use permit]) is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
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a. The proposed 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 Shekinah Subdivision development is designed for a wide range of
commercial activities including offices, retail, and service establishments;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicates that adequate public facilities exist or are expected to be provided as
conditioned in the development agreement, to serve all uses allowed on this property under the
proposed zone. Correspondence has been received from Veolia Water, Eagle Sewer District, Eagle
Fire Department, Idaho Transportation Department, and Ada County Highway District stating
adequate facilities exist to serve the development;
c. The proposed C-2-DA (General Business District with a development agreement) zoning district
is compatible with the R-2-P (Residential — PUD) zone and land use to the north since that area
consists of a common lot owned by the Banbury Meadows Homeowners Association who has
agreed to grant access through the establishment of an access easement over the property. West
Colchester Drive provides a buffer to the residences to the north, and their access to the local road
is not impeded by the proposed development because the proposed development is limited to a
right-in/right-out/left-in access from West Colchester Drive. Commercial activity within Shekinah
Subdivision is intended to serve the residents to the north by the restricting the land uses permitted
on the Property through the development agreement;
d. The proposed C-2-DA (General Business District with a development agreement) zoning district
is compatible with the R-2-P (Residential — PUD) and R-2 (Residential) zones and land uses to the
southwest because that area consists of the Banbury Meadows Golf Course maintenance facility.
The area directly south of the development consists of three residential parcels that will be separated
by a ten -foot (10') wide, six-foot (6') tall landscape buffer as required through the development
agreement. These parcels are anticipated for commercial development in the future since the
Comprehensive Plan designates the area as Commercial;
e. The proposed C-2-DA (General Business District with a development agreement) zoning district
is compatible with the MU-DA (Mixed Use with a development agreement) zone and land use to
the east since that area has been developed as a commercial subdivision (Lakemoor Commercial
Subdivision) similar to the proposed development with similar uses permitted within their
development agreement and is separated by South Eagle Road;
f. The proposed C-2-DA (General Business District with a development agreement) zoning district
is compatible with the R-2-DA (Residential with a development agreement) zone and land use to
the west that area contains the Banbury Meadows Golf Course driving range. The subject property
is located adjacent to the terminus of the driving range and is separated by protective netting. The
golf course is a commercial use within the Banbury Meadows planned unit development and is
compatible with adjacent commercial uses such as offices, restaurants, and retail;
g. The land proposed for rezone is located within the State Street/Eagle Road Corridor "Special Area"
as described within the Comprehensive Plan. The Commission has recommended approval of the
proposed development with increased setbacks, enhanced landscape requirements, and a
meandering pathway, as intended by within the Scenic Corridor; and
h. Conditions established through the development agreement are intended to ensure that the proposed
development complies with the use allowances and dimensional standards of the C-2 zoning
district, thereby preventing the creation of any non -conforming lots, structures, or uses; and
2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-
2022-15) and based upon the information provided concludes that the application is in accordance with
the City of Eagle Title 9 (Subdivisions) because:
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a. The proposed subdivision is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community. The
subdivision introduces commercial development to the west side of Eagle Road corridor whose
primary commercial development to date has been located on the east side of the principal arterial.
The subdivision is consistent with the established lot and building standards of the C-2 zone and
compatible with the Commercial designation within the Comprehensive Plan. The applicant will
bear all costs of development associated with infrastructure development and extension, including
water, sewer, and roadway improvements, ensuring no undue burden is placed on the public.
b. The development will be designed, constructed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general vicinity since the
subdivision is subject to the conditions of development within the development agreement,
requiring landscape improvements, architectural styles, pathways, and screening similar to the
commercial development to the east as well as other commercial developments within the Scenic
Corridor.
c. The development will not be hazardous or disturbing to existing or future neighborhood uses, since
the land uses permitted within the development are limited by the development agreement. The
development is not expected to introduce new land use types or intensities that would be
incompatible with existing or future neighborhood uses identified in the Comprehensive Plan.
d. The development does not involve uses, activities, processes, materials, equipment, and/or
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.
e. The development will be adequately served by essential public facilities, including law enforcement
by the Eagle Police Department, fire protection by the Eagle Fire District, and central sewer and
water services, which the applicant will be required to extend at their own cost. Street
improvements to South Eagle Road have been conditioned by this application, and no deficiencies
in other public services have been identified. Irrigation water is to be provided by Warm Springs
Ditch and central water by Veolia.
f. The development will not create excessive additional requirements at public cost for public
facilities and services, since all infrastructure and utility extensions are to be financed and
constructed by the applicant.
g. The project will introduce approximately 600 feet of public pathway along South Eagle Road.
h. Vehicular access will be provided from a right-in/right-out access on South Eagle Road and a right-
in/right-out/left-in access across the Banbury Meadows property to the north via existing access
easement agreement. Ada County Highway District and Idaho Transportation Department have
reviewed the proposal and conditioned the necessary street and right of way improvements. No
traffic impact study was required.
i. Through the development application the applicant has identified wetlands located on the southern
portion of the property. All development and improvement of the property shall comply with the
rules and regulations pertaining to regulated wetlands.
j. The proposed development will be harmonious with and in accordance with the objectives of the
Comprehensive Plan, including the Commercial future land use designation and the Scenic
Corridor Overlay. The project is intended to provide a wide range of commercial activities
including offices, retail, and service establishments complimented by enhanced landscaping and a
detached meandering pathway along South Eagle Road.
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k. The proposed development will be harmonious with and in accordance with the general objectives
or with any specific objective of Eagle City Code Title 8. The development agreement in
conjunction with the conditions of approval herein ensure that the land uses, setbacks, lot sizes, and
dimensional standards will be maintained in accordance with Eagle City Code.
DATED this 17th day of August, 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
1�L�III ISIS)fI
,�°.1� o•Nea•o. 'J�.,'ii
ATTEST: . e ` (� ��� v'•�n
Tracy E s ornEagle City Clerk r
•
i-1D
"Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis"
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