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Planning commission recommends rezoning Eagle Marketplace and approves drive-through CUP with transfer and use limits
Summary
The Eagle Planning and Zoning Commission voted to recommend rezoning Eagle Marketplace to C-2 and approved a conditional use permit for a drive-through restaurant, removing tenant-specific language and adding transfer conditions and a short list of prohibited high-impact uses.
The Eagle Planning and Zoning Commission voted to recommend approval of a rezone and development-agreement modification for Eagle Marketplace and approved a conditional use permit for a drive-through restaurant in an existing building at the Chinden and Eagle Road corner.
Commissioner (mover) said during the meeting, "I move to recommend approval of RZDA95MOD5SlashCUP2026Dash12. Rezone and development agreement modification for Eagle Marketplace and conditional use permit for Habit Burger restaurant with drive through," proposing changes that added gas station, auto body shop and auto wash to the DA's prohibited uses and struck tenant-specific language so the CUP applied to a drive-through restaurant in the existing building at 3314 E Chinden. The motion replaced the site-specific transfer condition so the CUP would be transferable if a traffic report showed the new tenant's queuing impacts were equal or less than the prior tenant; otherwise a new CUP would be required.
Planning staff emphasized the process: "I'll start by emphasizing that, these are 2 separate applications," Andrew Glaspell, planning and zoning staff, told the commission during his presentation, noting the rezone must precede the CUP and that staff had recommended site-specific language to allow review of future tenants because drive-through intensity varies by use.
Daniel Miller, zoning administrator, told commissioners the draft conditions as written would have limited approval to the named restaurant but that the permit could "run with the land" if the language was changed and a new owner complied with conditions and notified the city. The commission approved the rezone and, separately, the CUP modifications; the record notes the motion carried on a 4-zip roll-call vote.
The action sends the commission's recommendation forward per the application procedure. The record shows the commission then moved to new business and received staff reports before adjourning.
