Findings - 2026 - RZDA-2026-06 & CUP-2026-15 - - Development Agreement [In lieu of a conditional use permit] for Premier Sports Pavilion and a conditional use permit for a building height exception.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] FOR PREMIER SPORTS )
PAVILION AND A CONDITIONAL USE PERMIT )
FOR A BUILDING HEIGHT EXCEPTION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZDA-2026-06 & CUP-2026-15
The above -entitled rezone with a development agreement (in lieu of a conditional use permit) and
conditional use permit applications came before the Eagle Planning and Zoning Commission for their
recommendation on August 17, 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:
PSP Holdings LLC, represented by Stephanie Hopkins with KM Engineering LLP, is requesting a
rezone from MU (Mixed Use) to MU-DA (Mixed Use with a development agreement in lieu of a
conditional use permit) for a Commercial Entertainment Facility (indoor and outdoor) for Premier
Sports Pavilion. The applicant is also requesting a separate conditional use permit for a building
height exception to 45-feet. The 6.24-acre site is located on the south side of State Highway 44,
approximately 0.22 miles west of North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 660 East Civic Lane at 6:00 PM, on May 13, 2026, for the
rezone with a development agreement and conditional use permit applications in compliance with
the submittal requirements of Eagle City Code. The applications for this item were received by the
City of Eagle on June 5, 2026.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 17, 2026, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on July 31, 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 28, 2026. The site was posted in accordance with the Eagle
City Code on August 3, 2026.
D. HISTORY OF REVELANT PREVIOUS ACTIONS:
There is no history of relevant previous actions.
E. COMPANION APPLICATIONS:
All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU (Mixed Use)
Vacant
MU-DA (Mixed Use
Commercial Entertainment
Proposed
No Change
with a development
Facility (Indoor and
agreement)
Outdoor)
North of site
Commercial
C-3 (Highway Business
Commercial (YES
District)
Subdivision)
South of site
Mixed Use
R-4 (Residential)
Residential (Lakeland
Estates Subdivision)
East of site
Mixed Use
MU (Mixed Use)
Commercial (St. Lukes
Medical Center)
West of site
Mixed Use
MU (Mixed Use)
Industrial (Idaho Materials
and Construction)
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 — 6.24-acres
Total Number of Lots —1
Total Number of Units -
Residential — 0
Commercial — 1
Industrial — 0
Common — 0
Single-family - 0
Single-family attached - 0
Two-family - 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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GENERAL SITE DESIGN FEATURES:
The applicant is proposing one (1) approximately 22,000-square foot commercial building and five
(5) approximately 13,140-square foot (90' x 146') covered outdoor sports courts/fields. The site is
designed with private drive aisles for vehicular access and parking around the perimeter of the
facility. The applicant is proposing an eight -foot (8') wide pathway within a twenty -foot (20') wide
landscape buffer along State Highway 44.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for commercial drainage
review and approval prior to issuance of building permits.
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.
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. PARKING ANALYSIS:
Combined Total for Commercial Area
Total: 216 — on -site parking spaces (proposed)
Gross Floor Area of Proposed Commercial Building
21,717-square-feet
Required Total for Health Club
1 parking space/250 square -feet
21,717/250 square -feet = 86.87 = 87 parking spaces
Applicant's Justification for Outdoor Field Parking
For the five turf fields, the applicant is proposing twenty-five (25) parking spaces per field,
totaling 125 parking spaces. The applicant anticipates eight (8) players per team and two (2)
referees per field, totaling eighteen (18) required parking spaces with seven (7) extra spaces
per field (35 total extra spaces).
Total: = 212 on -site parking spaces (required)
L. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Police service is provided by the Eagle Police Department, fire protection service is provided by
the Eagle Fire Department, 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 June 23, 2026, the Eagle Sewer District stated that an easement to the adjacent property
will be required.
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M. 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. The applicant submitted a conditional use
permit to request a waiver of the proposed building height.
N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — none identified
Fish Habitat — none identified
Floodplain — yes; the site is located within the AE floodplain zone
Mature Trees — yes
Riparian Vegetation — none identified
Steep Slopes — none identified
Stream/Creek— yes
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular -facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in -fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
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I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of
major importance.
P. 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 Power
Idaho Transportation Department
Eagle Fire Department
Eagle Sewer Department
Q. 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:
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:
Mixed Use
Areas designated as Mixed Use should include a balanced combination of residential, limited
commercial, and employment -generating uses. Residential uses should range between 30% (minimum)
and 70% (maximum) of the uses within the site with densities up to 16 units per acre (density will be
determined on a site -by -site basis). Standalone single -use developments (e.g., exclusively residential
or commercial) should be discouraged within the Mixed Use designation unless part of an approved
phased development. Uses should complement and not take away from downtown Eagle. Development
within this land use designation should be required to proceed through the rezone with a development
agreement and a PUD process. See the planning area text for a complete description of site specific
uses.
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:
COMMERCIAL ENTERTAINMENT FACILITIES: An establishment or venue which is
generally related to the entertainment field, the principal business of which is not the sale of
alcoholic beverages.
HEALTH CLUBS, SPAS, WEIGHT REDUCTION SALONS: Establishments with equipment for
exercise and physical conditioning.
HEIGHT: The height of personal wireless facilities, spires, poles, antennas, steeples, towers, and
similar structures shall be determined by measuring the vertical distance from the point of contact
with the ground to the highest point of the structure, including any vertical projection thereof. When
mounted upon other structures, the combined height of the personal wireless facility, spire, pole,
antenna, steeple, tower, and/or similar structure, including the height of the structure mounted upon,
shall be used to determine height.
• Eagle City Code Section 8-2-1: Districts Established, Purposes, and Restrictions:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall
occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of
this title unless the proposed development does not meet the area requirements as set forth in section
8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels
(to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit
shall be required unless the proposed use is shown as a permitted use in the MU zoning district
within section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling
units per gross acre. When a property is being proposed for rezone to the MU zoning district, a
development agreement may be utilized in lieu of the PUD and/or conditional use process if
approved by the city council, provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
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• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
(P - Permitted Use / C - Conditional Use / No P Or C - Prohibited Use)
Land Uses
MU
Commercial Entertainment Facilities (Indoor)
C
Commercial Entertainment Facilities (Outdoor)
C
Health Club
P
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning
Maximum
Interior
Street
Maximum
Minimum
Minimum
District
Height
Front
Rear
Side
Side
Lot
Lot Area
Lot
Covered
Width
MU
35'
20'
20'
7.5'
20'
50%
5,000 SF
50'
• 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.
J. 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:
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.
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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.
C. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 10-1-2: Objectives and Methods of Reducing Flood Losses:
In order to accomplish its purposes, this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in flood heights, velocities, or
erosion;
B. Requiring that development which is vulnerable to floods, including structures and facilities
necessary for the general health, safety, and welfare of citizens, be protected against flood
damage at the time of initial construction;
C. Preserve and restore natural floodplains, stream channels and natural protective barriers which
help accommodate or channel floodwaters;
D. Control filling, grading, dredging and other development which may increase flood damage or
erosion; and
E. Preventing or regulating the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.
• Eagle City Code Section 10-1-4: Compliance with Provisions:
No structure or land shall hereafter be constructed, located, extended, converted, developed, or
altered without full compliance with the terms of this chapter and other applicable regulations.
• Eagle City Code Section 10-1-5: Rules and Definitions:
FLOODPLAIN or FLOOD -PRONE AREA: The land that has been or may be covered by
floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the
regulatory flood. The riverine floodplain includes the floodway and the flood fringe.
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• Eagle City Code Section 10-1-8-6: Specific Standards
In all cases of special flood hazards where the base flood elevation (BFE) data has been provided
as set forth in section 10-1-6 of this chapter, the provisions of this section shall be required:
D. DISCUSSION
• The property is located within the 100-year flood plain (AE zone). Any development within the
floodplain is required to receive approval of a floodplain development permit prior to construction.
The City Engineer has completed a preliminary floodplain review of the application and the Owner
should receive City approval of a floodplain development permit prior to the commencement of
any grading on the site and prior to the issuance of a building permit.
• The applicant is requesting to use a development agreement in lieu of a conditional use permit to
include otherwise conditional uses under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," as permitted uses within the
development. The allowance of uses suggested below are consistent with the applicant's requests
made in the narrative, date stamped by the City on June 5, 2026.
Except for the limitations and allowances expressly set forth in terms of the development
agreement, the Property should be developed and used consistent with the MU (Mixed Use) 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 MU 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 MU zoning designation should require a conditional use
permit, except that Commercial Entertainment Facilities (Indoor and Outdoor) should be a
permitted use.
• The applicant is requesting a rezone from MU (Mixed Use) to MU-DA (Mixed Use with a
development agreement [in lieu if a conditional use permit). Pursuant to Eagle City Code Section
8-2-4 "Schedule of Building Height and Lot Area Regulations", setbacks and lot area regulations
for the MU zoning district, at the time of the submittal of this application, are:
Front: 20-feet
Rear: 20-feet
Side: 7.5-feet (additional 5-feet per story)
Street Side: 20-feet
Maximum Lot Coverage: 50%
Minimum Lot Area: 5,000 square feet
Minimum Lot Width: 50-feet
The applicant is not requesting any deviations from the established setbacks and lot area regulations
within Eagle City Code Section 8-2-4, therefore the setbacks from the perimeter of the entire
development should be as follows:
Front (north property line): 20-feet
Rear (south property line): 20-feet
Side (east and west property lines): 7.5-feet
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Pursuant to Eagle City Code Section 8-2-4 "Schedule of Building Height and Lot Area
Regulations", the maximum building height for the MU zoning district is thirty-five feet (35') The
applicant is requesting a conditional use permit to construct a building not to exceed forty-five feet
(45') in height. If the conditional use permit is approved, Premier Sports Pavilion should be
permitted to construct a building not to exceed forty-five feet (45') in height, and no portion of the
building, nor any structures attached to the building should exceed forty-five feet (45') in total
height.
The site is located within the Scenic Corridor Overlay in the Comprehensive Plan Future Land Use
Map. The Scenic Corridor 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.
Additionally, pursuant to Eagle City Code Section 8-2A-7(K)(2), 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.
In accordance with the intended buffers and screening provided within the Scenic Corridor and the
requirements of ECC 8-2A-7(K)(2), and consistent with other commercial developments within the
Scenic Corridor, the Owner should provide a minimum three-foot (3') high (measured from the
center of State Highway 44) landscaped berm along the entire length of the property where it abuts
State Highway 44. 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)•
• 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 applicant has provided a site plan, date stamped by the City on June 5, 2026, showing a twenty-
four -foot (24') wide drive aisle stubbed to the property to the east. The stubbed drive aisle is located
within a cross -access easement provided by the property to the east for future connectivity when
the adjacent property is developed.
The site plan also shows a stubbed drive aisle to the west, however the access terminates
approximately fifteen feet (15') east of the western property boundary at an existing canal service
road. To ensure cross -access connectivity to the west when the adjacent property is developed, the
Owner should extend the twenty -four -foot (24') wide drive aisle to the property line to the west
and provide a cross -access easement over the property for future access to and from the west. The
cross -access easement should be recorded and a copy should be provided to the City prior to
issuance of building permits. If the New Dry Creek Ditch Company prohibits the construction of a
drive aisle across the existing ditch easement at the time of development, a cross -access easement
should still be provided by the Owner for future access to the west.
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The subject property is located adjacent to the State Highway 44 right-of-way at its northernly
property line. To further enhance the appearance of the subject property from the adjacent highway
corridor, the Owner should landscape and maintain the area between the northern property line to
within 9-feet of the paved surface of State Highway 44. The landscape plan should consist of
sodded turf and be reviewed and approved by the Design Review Board and the City Council prior
to installation of the landscaping. The Owner should provide a recorded copy of the ITD license
agreement associated with the landscaping located within the right-of-way area. The landscaping
should be installed prior to the issuance of a certificate of occupancy for the proposed commercial
building.
• On June 22, 2026, the City received an email from Idaho Power (attached to the staff report) stating
that the parking along the western side of the property is within an existing Idaho Power easement.
Idaho Power also stated that the parking is not an issue as long as they can maintain their ability to
access overhead lines and power poles in the area. Pursuant to Eagle City Code Section 8-2A-
6(A)(5) any overhead power or utility lines are required to be routed underground.
The site is designated Mixed Use in the Comprehensive Plan Future Land Use Map. The definition
of the Mixed Use designation states that residential uses should range between 30% (minimum)
and that standalone single -use developments (e.g., exclusively residential or commercial) should
be discouraged unless part of an approved phased development. The proposed Premier Sports
Pavilion development is a standalone single -use commercial development with no residential
component
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
17, 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 opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
three individuals (other than the applicant/representative) who indicated:
• A unique commercial development will provide the community with more benefits than additional
single-family houses, but are concerned that a building that is forty-five feet (45') tall may block
their view to the west.
• Think the development will provide an opportunity for high school lacrosse players to play and
train during the offseason.
• The development will make soccer and futsal a more accessible sport within the community.
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:
02:09:49): https://eagle-id.granicus.com/player/clip/2280?view id=1&redirect=true
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COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT:
The Commission voted 5 to 0 to recommend approval of RZDA-2026-06 for a rezone from MU (Mixed
Use) to MU-DA (Mixed Use with a development agreement) with the following staff recommended
conditions to be placed within a development agreement, with underlined text to be added by the
Commission and strike -through text to be removed by the Commission:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development 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.
3.2 Owner shall receive City approval of a floodplain development permit prior to the commencement
of any grading on the site and prior to the issuance of a building permit.
3.3 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.
3.4 Except for the limitations and allowances expressly set forth in terms of this Agreement, the Property
should be developed and used consistent with the MU (Mixed Use) 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 MU 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 MU zoning designation should require a conditional use
permit, except that Commercial Entertainment Facilities (Indoor and Outdoor) should be a
permitted use.
3.5 The commercial buildings and structures shall be constructed in substantial conformance to the styles
of architecture as shown in Exhibit "E".
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section
8-7-4-1.
3.6 The minimum building setbacks shall be as follows:
Front (north property line): 20-feet
Rear (south property line): 20-feet
Side (east and west property lines): 7.5-feet
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3.7 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.
3.8 The Owner shall connect the subject property to central water service prior to the issuance of any
building permits.
3.9 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site. The report shall identify, at a minimum, species, size, and health of the
trees. The arborist report and map shall be provided with the submittal of a design review application.
Owner shall provide a narrative indicating which trees will be incorporated into the design of the
development and which trees will be removed prior to removal of the trees. No trees shall be removed
from the site prior to city approval of a tree removal plan.
3.10 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape areas throughout the
development, 3) elevation plans for all proposed structures and irrigation pump house (if proposed),
4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such
as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6) all proposed fencing
throughout the development, and 7) street lights. The design review application shall be reviewed
and approved by the Eagle Design Review Board prior to issuance of any building permits.
3.11 Owner shall provide a minimem thfoe feet «,, high (Faeasur-ed f.,,m the eepAer- f State Highway 4 4
landscaped bem buffer along the entire length of the property where it abuts State Highway 44.
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).
3.12 Owner shall provide and construct a minimum eight -foot (8') wide community pathway along the
portion of the Property located adjacent to State Highway 44. The public pathway shall be located
within public right-of-way or in a recorded easement or easements dedicated to and accepted by
Eagle. The easement shall be recorded prior to issuance of building permits and the pathway shall be
constructed prior to issuance of a Certificate of Occupancy for the first structure on the site.
3.13 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 southern
boundary of the Property as reviewed by the Design Review Board and approved by the City Council
at the time of Design Review application.
3.14 Owner shall extend the twenty -four -foot (24') wide drive aisle to the property line to the west and
provide a cross -access easement over the property for future access to and from the west. The cross -
access easement shall be recorded and a copy shall be provided to the City prior to issuance of
building permits. If the New Dry Creek Ditch Company prohibits the construction of a drive aisle
across the existing ditch easement at the time of development, a cross -access easement shall still be
provided by the Owner for future access to the west.
3.15 Owner shall comply with all requirements of the Idaho Transportation Department, including but not
limited to proportionate share payments/mitigation agreement and approval of the drainage system,
curbs, gutters, and design of right -in right -out access.
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3.16 Owner shall landscape and maintain the area between the northern property line to within 9-feet of
the paved surface of State Highway 44. The landscape plan shall consist of sodded turf and be
reviewed and approved by the Design Review Board and the City Council prior to installation of the
landscaping. The Owner shall provide a recorded copy of the ITD license agreement associated with
the landscaping located within the right-of-way area. The landscaping shall be installed prior to the
issuance of a certificate of occupancy for the proposed commercial building.
3.17 Premier Sports Pavilion shall be limited to operating between 5:OOAM and 12:OOAM, except that the
outdoor fields/courts shall be oven for public/member use between 6:OOAM and 10:00PM.
3.18 Loading facilities or docks shall not be located on the north side of structures, where visible from
State Highway 44. All deliveries, loading, and unloading activity shall be conducted from within the
development. Delivery activities, including loading and unloading activities, shall not be conducted
from a public right-of-way.
3.19 To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to
install two (2) one inch and a quarter (1 '/4") fiber-optic conduit lines along both sides of all public
streets. 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 issuance of building permits. Owner is responsible
for communicating the approved plan to all sub -contractors and for monitoring compliance.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of CUP-2026-15 for a conditional use permit for a
building height exception of forty-five feet (45') with the following staff recommended site specific
conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
2. Premier Sports Pavilion shall be permitted to construct a building not to exceed forty-five feet (45') in
height. No portion of the building, nor any structures attached to the building shall exceed forty-five
feet (45') in total height.
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.
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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.
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 issuance of building
permits.
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
issuance of building permits.
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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 issuance of building permits.
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 prior to issuance of a building permit or Certificate of Occupancy, whichever occurs
first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
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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 this proposed rezone (RZDA-2026-
06) 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 is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU-DA (Mixed Use with a development agreement) is
consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map
because the designation anticipates commercial development and is deemed compatible to the MU
zone pursuant to the Comprehensive Plan's Zoning Compatibility Matrix. The property is already
zoned MU, and with the addition of a development agreement, the site will be bound by an
established concept plan with required design standards, enhanced landscaping, and operational
restrictions;
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 Ada County Highway District, Eagle
Sewer District, Eagle Fire Department, Idaho Transportation Department, and Idaho Power stating
adequate facilities exist to serve the development;
c. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the
C-3 (Highway Business District) zone and the car washing facility, retail, and restaurant uses to the
north because they do not compete with the proposed commercial entertainment facility and health
club, and the addition of new commercial land uses to the area contributes to a diversity of services
and establishments along a major highway corridor within the City;
d. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the
R-4 (Residential) zone and land use to the south since the conditions within the development
agreement require a landscape buffer to be installed between the proposed commercial use and the
adjacent residential properties. The development agreement also restricts the business operations
and architectural styles associated with the development to ensure compatibility with the
surrounding uses;
e. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the
MU (Mixed Use) zone and land use to the east since a commercial development (medical center
with an urgent care unit) is complimentary to the proposed use for the site. The proposed
development will provide cross -access to the vacant pad site to the east allowing for increased
connectivity across multiple commercial properties along the highway corridor when that property
is developed;
f. The proposed MU-DA (Mixed Use with a development agreement) zone is compatible with the
MU (Mixed Use) zone and land use to the west since the proposed development is a less intensive
commercial use than the Idaho Materials and Construction site. Since the property to the west is
located in the Mixed Use zone, and designated Mixed Use in the Comprehensive Plan, the site will
be subject to similar land use regulations and development objectives as the subject property if it
is redeveloped in the future;
g. The land proposed for rezone is located within the 100-year flood plain. Pursuant to the
development agreement, any development within the floodplain is required to receive approval of
a floodplain development permit prior to construction;
h. No non -conforming uses are expected to be created with this rezone because the development
agreement is being used in lieu of a conditional use permit to allow for a Commercial Entertainment
Facility (Indoor and Outdoor) within the MU (Mixed Use) zone.
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2. The Council reviewed the particular facts and circumstances of the proposed conditional use (CUP-
2026-15) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and
has concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use permit because, pursuant to Eagle City Code Section
8-2-4, the maximum building height in the MU zone is thirty-five feet (35'). The proposed
maximum building height of forty-five feet (45') would require approval of a conditional use
permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), (as shown
within the findings provided within this document), with the conditions provided within this
document. The Mixed Use zoning district is intended for coordinated and harmonious
development which shall promote outstanding design. The building must receive approval of a
design review application prior to construction to ensure the building's design is harmonious
with surrounding development;
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 because the building will be evaluated
through a design review application and because the facility is situated harmoniously along a
major commercial/industrial corridor within the City;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since a landscape
buffer is required to be constructed between the existing neighborhood to the south and the
proposed commercial facility;
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, 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;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors, since the transportation system has
been found to be adequate by the Ada County Highway District (ACHD) and Idaho
Transportation Department (ITD) and since the development is not expected to generate
excessive 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 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 development will be required to obtain approval of a floodplain
development permit prior to construction, and since no other natural, scenic, or historic features
have been identified on the site.
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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".
DATED this 14`l' day of September, 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman/ / ',��• OF F,9e,.�
E r SGORPOR' cA
\ As
Tr -Osborn, Eag e City Clerk $•.��,� Q�,�*
•. 9T'••R::
'••..-F OF VIDON .
"Regulatory Taking Notice: In accordance with'WMon 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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