Findings - CC - 2024 - CUP-2024-04 - Conditional Use Permit for a Personal Wireless Facility (Height over 50-Feet) BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR A )
PERSONAL WIRELESS FACILITY(HEIGHT )
OVER 50-FEET)FOR VERIZON WIRELESS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2024-04
The above-entitled conditional use permit application came before the Eagle City Council for their action
on November 12, 2024, at which time public testimony was taken and the public hearing was closed. The
Eagle City Council having heard and taken oral and written testimony, and having duly considered the
matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Verizon Wireless, represented by Sarah Miller with Lynx Consulting, is requesting conditional use
permit approval for a personal wireless facility (height over 50-feet) to be attached to an existing
building. The 3.85-acre site is located within the Eagle River development on the north side of East
Eagle River Street and East Riverside Drive on Lot 20 and a portion of Lot 19, Block 3, Mixed Use
Subdivision No. 5 at 230 East Riverside Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, on Wednesday,
March 6, 2024, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on May 14, 2024.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on August 19, 2024. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
August 19,2024. The site was posted in accordance with the Eagle City Code on September 6,2024.
Requests for agencies' reviews were transmitted on May 30, 2024, in accordance with the
requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 25,
2024. Notice this public hearing was mailed to property owners in accordance with the requirements
of Title 67, Idaho Code and the Eagle City Code on October 25, 2024. The site was posted in
accordance with the Eagle City Code on November 2, 2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 2020, the City Council approved a conditional use permit application for a building
height exception to 59-feet for a three-story office building(CU-07-19).
On March 10, 2020, the City Council approved a design review application for an office building
within Eagle River Development for Pet IQ,LLC (DR-02-20).
E. COMPANION APPLICATIONS: None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3-DA(Highway Business Office building
District with a development
agreement)
Proposed No Change No Change Personal wireless
facility(height over 50-
feet)(attached to the
existing office building)
North of site Public/Semi-Public C-3-DA(Highway Business State Highway 44,
and Downtown District with a development restaurants and office
agreement)and CBD(Central building
Business District)
South of site Mixed Use MU-DA(Mixed Use with a St. Alphonsus medical
development agreement) plaza
East of site Commercial C-3-DA(Highway Business Vacant lot
District with a development
agreement)
West of site Commercial C-3-DA(Highway Business Retail and office
District with a development buildings
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA
H. URBAN RENEWAL DISTRICT:No
I. EXISTING SITE CHARACTERISTICS:
The site contains a three(3) story office building(PET IQ).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) equipment shelter to be located on the roof of the
existing building. The antennas will be attached to the parapet wall of the existing building.
Height and Number of Stories of Existing Building:
A 59-foot-high three(3) story office building is located within the site.
Gross Floor Area of Proposed Buildings:N/A
On and Off-Site Circulation:
The site has two (2) access points. The west access point to East Eagle River Street is located
approximately 255-feet east of the intersection of South Eagle Road and East Eagle River Street. The
east access point to East Riverside Drive is located approximately 150-feet northeast of the
intersection of East Eagle River Street and East Riverside Drive.
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K. PUBLIC SERVICES AVAILABLE:
The site is located within an area serviced by Eagle Fire Department, Veolia Water of Idaho, and
Eagle Sewer District. The personal wireless facility site will not require water or sewer.
L. PUBLIC USES PROPOSED:None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—yes—The site is located within the 1%floodplain area as identified on the
Flood Insurance Rate Map (FIRM)Panel#16001C0153J.
Mature Trees — yes — located within the existing planter strips along the existing pathway and
existing sidewalk
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
P. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ballentyne Ditch Company
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Q. LETTERS FROM THE PUBLIC:None received to date
R. 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 fmd 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;
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E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection,drainage structures,refuse disposal, water and sewer and schools;or that the persons
or agencies responsible for the establishment of the proposed use shall be able to provide
adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic,noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic-feature of major
importance.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:None
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
PERSONAL WIRELESS FACILITIES: Facilities necessary for the provision of personal
wireless services(i.e.,towers, support buildings,etc.).
• Eagle City Code Section 8-2A-6(A)(5): Utilities:
b. The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall (e.g.,the perspective generally as shown on an elevation
plan);
• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
A Personal Wireless Facility (height over 50-feet) requires the approval of a conditional use
permit within the MU(Mixed Use)zoning district.
• Eagle City Code Section 8-3-5 Unique Land Uses:
S. Personal Wireless Facilities, Spires, Poles, Antennas, Steeples, Towers, And Other Such
Structures:
2. Towers And Personal Wireless Facilities In Zoning Districts:
b. Mixed Use District: Personal wireless facilities shall be camouflaged or concealed,
not readily identifiable as such, designed to be aesthetically compatible with existing
and proposed uses on the site in the mixed use district.
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8. Accessory Utility Buildings:
a. All utility buildings and structures accessory to a tower are required to have design
review approved by the city prior to construction.
13. Restricted Areas:
a. Personal wireless facilities in excess of thirty five feet (35') in height and not
contained within a building shall not be permitted within the "restricted area for
telecommunications towers" as shown on Exhibit A located at the end of this section.
However, notwithstanding the foregoing, personal wireless facilities may be allowed
within the restricted area provided they are camouflaged or concealed, not readily
identifiable as such, and designed to be aesthetically compatible with existing and
proposed uses within the restricted area.
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C. DISCUSSION:
• The applicant is proposing to install a total of six(6)wireless antennas on the parapet wall of
the PET IQ building located adjacent to State Highway 44. The six(6)wireless antennas will
be located on the north, east, and west elevations and are proposed to be painted to match the
brick texture and color of the existing building exterior. The proposed equipment platform is
shown to exceed the height of the parapet wall. The applicant should be required to screen the
equipment platform as required by Eagle City Code Section 8-2A-6(A)(5)(b). The proposed
locations, painting, and screening of the wireless antennas and equipment platform should be
reviewed and approved by the Design Review Board and City Council prior to the issuance of
a zoning certificate.
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• The applicant is seeking to locate a personal wireless facility within the restricted area for
telecommunications towers (as established in Eagle City Code Section 8-3-5[S]), where
wireless facilities taller than thirty-five feet (35') are typically prohibited. To address this
restriction, the applicant has proposed to conceal the equipment behind the building's parapet
wall and screen it from view, as well as design the antennas to match the color and texture of
the building's exterior. If designed as proposed and conditioned herein, it is staffs' opinion
that the proposed personal wireless facility is aesthetically compatible with the existing
building and may be appropriate at this location.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 16, 2024, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented before 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 testimony received. A summary of the deliberation can be found at the following link
(Granicus time: 00:26:13):
https://eagle-id.granicus.com/plaver/clip/1935
COMMISSION DECISION:
The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of CUP-2024-04 for a
personal wireless facility (height over 50-feet) with the site specific conditions of approval and standard
conditions of approval as provided within their fmdings of facts and conclusions of law document, dated
November 4,2024.
PUBLIC HEARING OF THE COUNCIL: •
(Public Hearing Audio/Video Record [Granicus time 2:03:32]
https://eagle-id.granicus.com/player/clip/1987?meta_id=102297)
A. A public hearing on the application was held before the Eagle City Council on November 12, 2024,at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CUP-2024-04 for a conditional use permit for a personal wireless
facility (height over 50-feet) with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval:
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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. A personal wireless facility (height over 50-feet) is the only use approved with this conditional use
permit. The overall height of the equipment platform shall not exceed 52-feet, 8-inches.
3. The proposed locations, painting, and screening of the wireless antennas and equipment platform
shall be reviewed and approved by the Design Review Board and City Council prior to the issuance
of a zoning certificate.
4. The six (6)wireless antennas shall be located on the north, east, and west elevations (as shown on the
building elevations, date stamped by the City on May 14, 2024) and shall be painted to match the
brick texture and color of the existing building exterior. The applicant shall be required to screen the
equipment platform as required by Eagle City Code Section 8-2A-6(A)(5)(b) prior to the issuance of
Certificate of Completion.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
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The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, 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 prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association, or other irrigation entity associated with such
ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
The applicant shall pay applicable street light inspection fees prior to issuance of any 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:
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a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and
1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be 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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee 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 Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat 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.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (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.
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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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CUP-
2024-04)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 as established in Eagle City Code Section 8-2-3 since a
personal wireless facility may be permitted within the C-3 zoning district with the 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), with the
conditions provided herein, since the site is designated as Commercial within the Comprehensive
Plan and a personal wireless facility may be permitted with the approval of a conditional use
permit within the C-3 zoning designation. Furthermore,the proposed facility will be camouflaged
and concealed by the existing building and will therefore not be incompatible with the
surrounding buildings within the City's scenic corridor;
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, since the antennas are required to be designed
to match the color and texture of the existing building, the equipment is required to be concealed
from view behind the parapet wall, and the designs of the antennas and equipment are required to
be reviewed and approved by the Design Review Board and City Council;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the personal
wireless facility will be attached to the existing Pet IQ building, and all equipment will be
concealed from view;
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. The site is equipped with proper drainage
facilities that will adequately manage runoff and refuse disposal will not be impacted as the
facility will not generate waste requiring special handling. The site is currently, and will continue
to be, served by the Eagle Police Department, Eagle Fire Department, Eagle Sewer District, and
Veolia Water;
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;
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G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors, since the transportation system has
been found to be adequate by the ACHD and since the proposed personal wireless facility is not
expected to generate any 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 the ACHD, since all vehicular
approaches have already been developed and approved by ACHD and the proposed facility will
not generate significant traffic; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since no natural, scenic,or historic features exist on site.
4. 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.
Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003
DATED this 26th day of November 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pike, Mayoi
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K:\Planning Dept\Eagle Applications\CU\2024\CUP-2024-04 Pet IQ Verizon Site East Shore\Working Files\City Council\CUP-2024-04 Pet IQ Verizon Wireless-Findings CC.doc