Findings - PZ - 2026 - CUP-2026-02 - Valnova Cell Tower - Conditional Use Permit for a Personal Wireless Facility BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR A )
PERSONAL WIRELESS FACILITY )
[HEIGHT OVER 50-FEET] FOR )
CLYDE CAPITAL GROUP )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CUP-2026-02
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on February 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:
Clyde Capital Group, represented by James Hammon with Alliance Consulting, is requesting
conditional use permit approval for a Personal Wireless Facility (Height Over 50') to allow the
construction and operation of a 75-foot-tall (75') monopole personal wireless facility within the
Regional Open Space District, as designated within Planning Unit Master Plan (PUMP) No. 1. The
personal wireless facility is proposed to be located within the south-central portion of the 65.80-acre
site located at 4921 West Glencara Drive (Lot 40, Block 1, of Valnova Spring Valley Subdivision
No. 1).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Monday, January 5, 2026, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on January 20, 2026.
Personal wireless facilities are subject to additional application submittal requirements pursuant to
Eagle City Code Section 11A-4-4(FFF). Supplemental materials required to evaluate this application
were received by the City on February 11,2026.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on January 22, 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 January 30, 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 January 28, 2026. The site was posted in accordance with the Eagle City Code on
February 6,2026.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 11, 2007, the City Council approved an annexation and rezone application with a
development agreement from RP (Rural Preservation — Ada County designation) and RR (Rural
Residential—Ada County designation)to R-1-DA(Residential One with a development agreement)for
M3 Eagle(A-14-06&RZ-19-06).
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On November 24,2009,the City Council approved a development agreement modification to adopt the
M3 Hillside and Grading Standards on November 24, 2009(RZ-19-06 MOD 1).
M3 received a Conditional Letter of Map Revision(CLOMR) from FEMA on February 17, 2009. An
amendment was submitted in March of 2013 and was approved by FEMA on November 8,2013.
On January 11,2011,the City Council approved the overall project-wide Habitat Mitigation Plan.
On January 14, 2014,the City Council approved an amended and restated development agreement for
M3/Spring Valley(RZ-19-06 MOD2).
On January 14,2014,the City Council approved the M3/Spring Valley Development Standards and by
the adoption of Ordinance 710,established Eagle City Code Title 11 —Planned Developments,Chapter
A—Spring Valley.
On March 18, 2022, the City of Eagle Floodplain Administrator approved a Floodplain Development
Permit for Alliance Consulting(FPDP-06-21).
On May 24, 2022, the City Council approved a Planned Unit Master Plan (PUMP) No. 1 for Spring
Valley for GWC Capital,LLC, (PU-01-21).
On May 24, 2022, the City Council approved a design review for the common area landscaping along
Aerie Way within Spring Valley PUMP No. 1 for GWC Capital, LLC, (DR-22-22).
On May 24, 2022, the City Council approved a design review for the common area landscaping along
Big Gulch Parkway, Linder Road, and Aerie Way(East)within Spring Valley PUMP No. 1 for GWC
Capital, LLC, (DR-23-22).
On May 24, 2022, the City Council approved a two (2) community entry monument signs for Spring
Valley Subdivision for GWC Capital,LLC(DR-24-22).
On August 24, 2022, the City approved a Mass Grading Permit associated with the Spring Valley
PUMP No. 1 for Western Construction,Inc.
On October 25, 2022,the City approved Spring Valley Subdivision No. 1, a large lot preliminary plat,
associated with the Spring Valley PUMP No. 1 for GWC Capital, LLC, (PP-17-21).
On April 11,2023,the City Council approved the final plat for Spring Valley Subdivision No. 1,a large
lot plat associated with the Spring Valley PUMP No. 1 for GWC Capital,LLC (FP-17-22).
E. COMPANION APPLICATIONS:
There are no companion applications associated with this application.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Foothills R-1-DA(Residential with a Vacant land(Lot 40,
Residential development agreement) Block 1, of Valnova
Regional Open Space(ROS) Spring Valley
within Valnova Planning Unit Subdivision No. 1)
Master Plan(PUMP)No. 1
Proposed No Change No Change Personal wireless
facility(height over 50-
feet)
(maximum height 75)
North of site Foothills R-1-DA(Residential with a Vacant land(Lot 39,
Residential development agreement) Valnova Spring Valley
Subdivision No. 1)
South of site BLM Park R-1-DA(Residential with a Bureau of Land
development agreement) Management(BLM)
Land
East of site Foothills R-1-DA(Residential with a City of Eagle
Residential development agreement) Municipal Water Tank
#1
West of site Foothills R-1-DA(Residential with a Single family
Residential development agreement) residential(Valnova
Subdivision No. 3 [a
re-subdivision of Lot
42,Block 1 of Valnova
Spring Valley
Subdivision No. 1])
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the City-wide Design Review Overlay District.
H. URBAN RENEWAL AREA:
The site is not located within an Urban Renewal Area.
I. EXISTING SITE CHARACTERISTICS:
The site is located on a hillside designated as Regional Open Space (ROS) within Valnova Planning
Unit Master Plan(PUMP)No. 1,adjacent to existing municipal infrastructure(City of Eagle Municipal
Water Tank#1)and BLM-managed land.The area is characterized by open terrain and a lack of vertical
vegetation or development.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No buildings are proposed with this application.
On and Off-Site Circulation:
Access is proposed to be provided via the existing City of Eagle Municipal Water Tank#1 access road.
No new public roadway access is proposed. The applicant intends to continue the existing access
easement across the City-owned water tank lot to extend internally to the facility site.
K. PUBLIC SERVICES AVAILABLE:
The site is located within an area serviced by the Middleton Star Fire District,Eagle Police Department,
and City of Eagle Water Department. The personal wireless facility site will not require water or sewer
services.
L. PUBLIC USES PROPOSED:
No public uses are proposed with this application.
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no; slopes do not exceed 12%
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—no
N. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
An environmental assessment plan is not required with this application.
O. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached.
Department of Environmental Quality
Eagle Sewer District
Idaho Transportation Department
US Bureau of Land Management
P. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
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Q. EAGLE CITY CODE 11A-8-4-3: 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 Chapter 2 of this title (Eagle City Code
Title 11A)for the land use district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Spring Valley master plan and/or this title (including any applicable specific use
standards described in Chapter 4 of this title)and/or the PADA;
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 and services 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.
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 4: Utilities,Facilities, & Services: 4.10.2 I Objectives
(F) Work with telecommunication and internet providers to ensure that the Eagle comprehensive
planning boundary is provided uninterrupted access to up-to-date, state-of-the-art telecommunications
and internet service.
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B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 11A-1-5: Definitions:
HEIGHT, PERSONAL WIRELESS FACILITIES, SPIRES, POLES, ANTENNAS, STEEPLES,
TOWERS, AND SIMILAR STRUCTURES: 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.
PERSONAL WIRELESS FACILITIES: Facilities necessary for the provision of personal wireless
services(i.e.,towers, support buildings,etc.).
• Eagle City Code Section 11A-2-2(E): Land Use Districts,Open Space:
Open Space: Open space districts consist of community open space(COS)and regional open space
(ROS).
2. Regional Open Space: Regional open space is intended to serve the general public and may be
adjacent to, or provide connection to, large scale regional open space within the city's North
Eagle Foothills planning area. Regional open space may include many of the amenities
provided in community open space as well as active regional parks, regional trail corridors
(such as the Big Gulch Regional Park, trail and open space corridor), and large natural areas
planned for dedication as permanent natural open space as part of an Eagle Regional Park and
Willow Creek Road open space corridor. Regional open space may be owned and maintained
by the city,the Spring Valley Community Association,a land trust or other conservation group
or entity.
• Eagle City Code Section 11A-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 Regional Open Space(ROS)Land Use District.
Was Dbtri*b See Land
Use
Village Mired We Commercial Residential Open Standards
Center Space (Chapter 4
Of Mrs
VC MMU MU CC NC RR ER SF1 SF2 SF3 SFZL SFSL SPA ' MF1 MF2 CO3 Tide)
Personal wireless taahles C CCCC C
(height over 501
• Eagle City Code Section 11A-4-4(FFF): Personal Wireless Facilities
Personal Wireless Facilities: Personal wireless facilities, spires, poles, antennas, steeples, towers,
and other such structures. Wireless communication facilities and towers shall comply with the
following:
1. Purpose:
a. To accommodate the communication needs of residents and businesses while protecting the
public health, safety, and general welfare of the community, the council finds that
regulations regarding personal wireless facilities, spires, poles, antennas, steeples, towers,
and other such structures are necessary in order to:
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(1) Facilitate the provision of wireless telecommunication services to the residents and
businesses of the city;
(2) Minimize adverse visual effects of spires,poles, antennas, steeples, towers, and other
such structures through careful design and sitting standards;
(3) Avoid potential damage to adjacent properties from spire,pole,antenna,steeple,tower,
and other such structures' failure, through structural standards and setback
requirements; and
(4) Maximize the use of existing and approved towers and buildings to accommodate new
wireless telecommunication antennas in order to reduce the number of towers needed
to serve the community, like church steeples, windmills, bell towers, clock towers,
cupolas,light standards, flagpoles, or trees.
2. Towers And Personal Wireless Facilities In Zoning Districts:
a. Village Center: 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 village center district.
b. Mixed Use Districts: 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.
c. Residential Districts:
(1) On residentially zoned parcels,towers supporting amateur radio antennas shall not be
permitted in the front, side or street side yard.
(2) 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 all residential(R) districts.
d. Open Space Districts:
(1) Personal wireless facilities may be permitted to be attached to city-owned
infrastructure/buildings, existing light standards and power line support devices (or
replacement equivalent of same height) provided, however, the antenna(s) are either
flush mounted or mounted in a manner that provides minimum visual impact.
Notwithstanding the foregoing, all provisions of this subsection S shall be applicable
to wireless antennas located on city-owned infrastructure/buildings, existing light
standards and power line support devices.
(2) 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 public/semipublic district unless installed in accordance with subsection
S2d(1)of this section.
3. Collocation Requirements:
a. A proposal for a new tower mounted personal wireless facility in excess of thirty five feet
(35') in height shall not be approved unless the city council finds that the
telecommunications equipment planned for the proposed tower cannot be accommodated
on an existing or approved tower or building within the following radii of the proposed
tower:
(1) A two(2)mile radius for towers with a height over one hundred ten feet(110').
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(3) A one mile radius for towers with a height over eighty feet(80')but not more than one
hundred ten feet(110').
(4) A one-half(1/2) mile radius for towers with a height over fifty feet (50') but not more
than eighty feet(80').
(5) A one-fourth(1/4)mile radius for towers with a height over thirty-five feet(35')but not
more than fifty feet(50').
a. It shall be the burden of the applicant to demonstrate that the proposed tower or
antenna cannot be accommodated on an approved tower or building within the
required search radius due to one or more of the following reasons:
(1) Unwillingness of another tower or facility owner to entertain shared use.
(2) The proposed collocation of an existing tower or facility would be in violation
of any local, state or federal law.
(3) The planned equipment would exceed the structural capacity of the existing or
approved tower or building, as documented by a qualified and licensed
professional engineer,and the existing or approved tower cannot be reinforced,
modified, or replaced to accommodate planned or equivalent equipment at a
reasonable cost.
(4) The planned equipment would cause interference materially impacting the
usability of other existing or planned equipment at the tower or building as
documented by a qualified and licensed professional engineer and the
interference cannot be prevented at a reasonable cost.
(5) Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function
reasonably as documented by a qualified and licensed professional engineer.
(6) Other unforeseen reasons that make it unfeasible to locate the planned
telecommunications equipment upon an existing or approved tower or building
as documented by a qualified and licensed professional engineer, or other
professional qualified to provide necessary documentation.
b. Any proposed commercial wireless telecommunication service tower shall be
designed, structurally, electrically, and in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least two(2)additional users if
the tower is over one hundred ten feet (110') in height, for at least one additional
user if the tower is over fifty feet(50') in height.
c. Towers must be designed to allow for future rearrangement of antennas upon the
tower and to accept antennas mounted at varying heights.
d. Personal wireless facilities proposed at a location which has an approved
conditional use permit (approved after the effective date hereof) for an existing
facility which was required to allow collocation shall not be required to obtain a
separate conditional use permit as long as all the requirements of the previously
approved conditional use permit will be complied with. Design review, and
subsequent building permit,will be required for any such proposal.
4. Tower And Antenna Design Requirements:
a. All personal wireless facilities shall be required to obtain design review approval prior to
construction.
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b. Personal wireless facility towers shall be of a monopole design unless the city council
determines that an alternative design would better blend into the surrounding environment.
c. With the exception of necessary electric and telephone service and connection lines
approved by the issuing authority, no part of any antenna or tower nor any lines, cable,
equipment or wires or braces in connection with either shall at any time extend across or
over any part of the right of way,public street,highway, sidewalk, or property line.
d. Every tower affixed to the ground shall be protected to discourage climbing of the tower by
unauthorized persons. The climbing pegs within the bottom twenty feet (20') of the tower
shall be removed and shall only be used when the tower is being serviced.
e. Metal towers shall be constructed of,or treated with,corrosive resistant material.
f. Wood poles shall be impregnated with rot resistant substances.
5. Tower Setbacks:
a. Towers shall meet the setbacks of the underlying zoning district except for within the
Community Open Space(COS)or Regional Open Space(ROS)districts where the required
land use standards, based on height and facility typology, shall be as follows unless
otherwise specified in b-g below:
Facility Type Minimum Lot Arr3 Minimum Setbacks Maximum Height
Front: Rear Interior Side: Street Side'
Enclosed Building Height:35'or less Refer to the land use distort standards for the primary use on site pursuant to Eagle City Code Section •
Enclosed Building Height:Over 35' Refer to the land use district standards for the primary use on site pursuant to Eagle City Code Section' A.
Height:35'or less 0.5-aae 140' 40' 40' 40' 35'or less
Height:36'50' 1.0-acres 60' t30' 60' 60' 36'-50'
b. The base of the personal wireless facility shall be set back a minimum distance of two (2)
times the height of the tower from the property line of any residential dwelling.
c. If the tower does not exceed the height limitations of the zone in which it is located, the
tower shall meet the setback requirement of the zone except as allowed in subsection S5a
of this section. If the tower exceeds the height limit of the zone in which it is located, the
tower shall be set back one foot (1') for every ten feet(10') in total tower height. In either
case, the tower shall be constructed to the telecommunications industry
association/electronic industries association (TIA/EIA) 222 revision F standard entitled
"Structural Standards For Steel Antenna Supporting Structures" or as hereinafter may be
amended. Otherwise,the tower shall be located a minimum of one foot(1')for each foot of
height from all property lines (the fall zone). No storage or structures other than the
accessory utility buildings, are permitted in the fall zone, except as may be specifically
permitted by the city council through a conditional use process.
d. Towers shall be set back from all existing public right of way lines(or planned right of way
lines if additional is to be acquired in the future)by a minimum distance equal to twice the
height of the tower including all antennas and attachments.
e. Towers shall not be located between a principal structure and a public street.
f. A tower's setback may be reduced or its location in relation to a public street varied, at the
sole discretion of the city council, to allow the integration of a tower into an existing or
proposed structure such as a church steeple,light standard,power line support device,water
tank/tower, or similar structure.
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g. If any tower setback requirement conflicts with other setback requirements of this code the
setback with the greater distance shall prevail, except as may be allowed in subsection S5f
of this section.
6. Tower Lighting, Signage,And Attachments:
a. No antenna or tower shall have affixed or attached to it in any way, except during time of
repair or installation, any stationary lights, strobe lights, reflectors, flashers, or other
illuminating device, except as specifically required by the federal aviation administration,
federal communications commission,or other federal or state authority.
b. When incorporated into the approved design of the tower, light fixtures used to illuminate
ball fields, parking lots, or similar areas may be attached to the tower if approved by the
city.
c. The use of any portion of a tower for signs, other than warning or equipment information
signs, is prohibited.
d. No tower shall have constructed thereon, or attached thereto, in any way, any platform,
catwalk, crow's nest, or like structure,except during periods of construction or repair.
7. Amateur Radio Antennas:
a. In accordance with the federal communications commission's preemptive ruling PRB 1,
towers erected for the primary purpose of supporting amateur radio antennas may exceed
thirty feet(30')in height provided that a determination is made by the city that the proposed
tower height is technically necessary to successfully engage in amateur radio
communications. A conditional use permit is required for any amateur radio antenna in
excess of thirty five feet(35').
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.
9. Abandoned Or Unused Towers Or Portions Of Towers:
• a. As a condition of approval of any required conditional use permit for personal wireless
facilities, all abandoned or unused towers and associated facilities shall be required to be
removed within sixty (60) days of cessation of use as a personal wireless facility unless a
time extension is granted by the city.A copy of the relevant portions of a signed lease,which
requires the applicant to remove the tower and associated facilities upon cessation of the use
as a personal wireless facility, shall be submitted at the time of application. In the event that
the tower and associated facilities are not removed within the sixty(60)days,the tower and
associated facilities may be removed by the city and the costs of removal assessed against
the property.
10. Additional Application Submittal Requirements:
a. In addition to the information required elsewhere in this code,development applications for
personal wireless facilities, shall include the following supplemental information:
(1) Documentation from a qualified and licensed professional engineer showing that the
proposed facility will be in compliance with the FCC standards regarding radio
frequency(RF)emissions.
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(2) A report from a qualified and licensed professional engineer which describes the tower
height and design (including a cross section and elevation); documents the height
above grade for all potential mounting positions for collocated antennas and the
minimum separation distances between antennas; describes the tower's capacity,
including the number and type of antennas that it can accommodate; documents what
steps the applicant will take to avoid interference with established public safety
telecommunications; includes an engineer's stamp and registration number; and
includes other information necessary to evaluate the request.
(3) For all personal wireless facilities, a letter of intent committing the tower owner and
his or her successors to allow the shared use of the tower, as required by this code, if
an additional user agrees in writing to meet reasonable terms and conditions for shared
use.
(4) Documentation showing that the proposed tower complies with regulations
administered by federal aviation administration.
(5) Written approval of the site location with specific reference to the height of the antenna
structure and any lighting issues, from the federal aviation administration,the chief of
the Idaho bureau of aeronautics, and the Boise airport commission and an aviation
easement approved by the Boise airport commission.
(6) Propagation charts showing existing and proposed transmission coverage at the subject
site and within an area large enough to provide an understanding of why the facility
needs to be in the chosen location.
(7) A written analysis demonstrating that the proposed site is the most appropriate site
within the immediate area. For the purposes of this subsection, the analysis shall
include all properties within the search radii stated above. The analysis shall include,
but is not limited to,the following:
(A) Description of the surrounding area, including topography;
(B) Natural and manmade impediments that would obstruct adequate cellular
telephone transmissions;
(C) Physical site constraints that would preclude construction of a cellular telephone
facility on any other site;
(D) Technical limitations of the system that limit siting options.
11. Permits:
a. It shall be unlawful for any person to erect, construct, re-erect, or replace, any tower
without first making application to the city and securing a building/zoning permit.
b. A building/zoning permit shall not be required for antennas and/or towers erected
temporarily for test purposes, for emergency communication,or for broadcast remote pick
up operations. Temporary antennas shall be permitted for a maximum of seventy two(72)
hours unless specifically approved by the city council.
c. In addition to the findings required and conditions permitted for conditional use permits,
as stated within section 11A-8-4 of this title, the city council shall make an additional
finding concerning the duration of the conditional use permit. Upon finding that the
conditional use permit is to be limited in duration,a condition limiting the duration and the
basis for such a condition shall be included within the findings of fact and conclusions of
law for the conditional use permit.
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12. Additional Requirements For Notice Of Public Hearing:
a. All personal wireless facilities requiring a conditional use permit shall comply with the
conditional use notice requirements within this code. Tower mounted personal wireless
facilities shall comply with the following additional requirements:
(1) All property owners within one thousand feet(1,000')of all property lines of the site
(or lease boundary lines, if applicable) shall be notified of the public hearing by the
city, by mail, a minimum of fifteen (15) days before the scheduled public hearing.
The applicant will be required to provide the names of the property owners to the city.
13. Restricted Areas:
a. Telecommunications towers in excess of thirty-five feet (35') in height shall not be
permitted within the Willow Creek Road corridor.
C. DISCUSSION:
• The applicant is proposing to construct a 75-foot(75')tall monopole personal wireless facility within
the Community Open Space land use designation (as designated within Valnova Planning Unit
Master Plan No. 1). The personal wireless facility is proposed to be located within Lot 40, Block 1,
of Valnova Spring Valley Subdivision No. 1,on the west side of and directly adjacent to the City of
Eagle Municipal Water Tank#1. The proposed location(s),painting, and screening of the personal
wireless facility and equipment platform,including any utility buildings and structures accessory to
the tower, should be reviewed and approved by the Design Review Board and City Council prior to
the issuance of a zoning certificate.
• Public access to the site does not currently exist.A public access easement was established with the
platting of Valnova Spring Valley Subdivision No. 1, to serve the City Water Tank site (directly
adjacent to the subject property).The applicant should extend the existing access easement recorded
as Instrument No. 2024-007267 to provide legal access to the proposed personal wireless facility
site. The easement extension should provide permanent ingress, egress, and maintenance access,
should be approved by the City, and should be recorded prior to commencement of any grading on
the site.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
February 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 favor of the application was presented to the Planning and Zoning Commission by
one individual,not including the applicant. The testimony indicated that there is a significant need for
a personal wireless facility in the area due to limited existing infrastructure, and that the proposed
facility would improve public safety through increased cellular service availability. Additionally, the
timing of the request (being prior to substantial residential development in the foothills)was noted as
beneficial.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the applicant. A summary of the deliberation can be found at the following link:
(Granicus time: 01:37:46): https://eagle-id.granicus.com/player/clip/2/92
COMMISSION DECISION:
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The Commission voted 5 to 0 to recommend approval of CUP-2026-02 for a conditional use permit for a
Personal Wireless Facility (Height Over 50-feet), 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. Personal Wireless Facility (Height Over 50-feet) is the only use approved with this conditional use
permit. The overall height of the monopole personal wireless facility shall not exceed 75-feet(75'), as
measured from the final grade.
3. The proposed location(s), painting, and screening of the personal wireless facility and equipment
platform, including any utility buildings and structures accessory to the tower, shall be reviewed and
approved by the Design Review Board and City Council prior to the issuance of a zoning certificate.
4. The applicant shall extend the existing access easement recorded as Instrument No. 2024-007267 to
provide legal access to the proposed personal wireless facility site. The easement extension shall
provide permanent ingress,egress,and maintenance access,shall be approved by the City,and shall be
recorded prior to the commencement of any grading on the site.
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 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.
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7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a surety shall be submitted to the City Clerk, prior
to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall
be so graded that all runoff runs either over the curb,or to the drainage easement, and no runoff shall
cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure,or canal,or drain,for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
9. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation
entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light-fixtures, conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
12. 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.
13. 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.
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14. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The
letter shall include the following comments and minimum requirements,and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square-feet, and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction,and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. 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.
16. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer and shall be shown on the final plat prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
17. 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.
18. 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.
19. 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.
20. Basements in the flood plain are prohibited.
21. 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.
22. 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.
23. 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.
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24. 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.
25. 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.
26. 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).
27. 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.
28. 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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use
permit (CUP-2026-02) in terms of Eagle City Code Section 11A-8-4-3, "General Standards For
Conditional Uses"and has concluded that the proposed personal wireless facility:
A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 11A-2-3
since the Personal Wireless Facility use may be permitted within the ROS (Regional Open
Space)land use 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 11A). The
proposed personal wireless facility is harmonious with and in accordance with the
Comprehensive Plan, particularly Chapter 4 (Utilities, Facilities, and Services), which
encourages coordination with telecommunication and internet providers to ensure that the
Eagle comprehensive planning boundary is provided uninterrupted access to up-to-date, state
of the art telecommunications and internet service. The use is also consistent with the
provisions and intent of Eagle City Code Title 11A, which states that Personal Wireless
Facilities may be permitted in the ROS land use district with the approval of a conditional use
permit;
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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. The personal wireless facility is proposed
to be located adjacent to the City of Eagle Water Tank No. 1,an existing public utility use.The
proposed monopole design and co-location with existing utility infrastructure will minimize
visual impacts and maintain compatibility with the surrounding area.Additionally,the personal
wireless facility will be required to be designed and screened in accordance with the
requirements of Eagle City Code Title 11A, as well as the specific requirements for personal
wireless facilities identified within Eagle City Code Section 11A-4-4(FFF);
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the facility
will operate as an unmanned facility with only periodic maintenance activity,will comply with
all applicable federal regulations, and is designed to meet required setbacks and safety
standards;
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.The proposed facility will generate minimal demand for
public services, will not require water or sewer service, and will be accessed via an existing
access road. As conditioned herein, the applicant will extend the existing access easement to
provide legal access and ensure ongoing maintenance of the access road;
F. Will not create excessive additional requirements at public cost for public facilities or services,
nor will it be detrimental to the economic welfare of the community. As conditioned herein,
the applicant is responsible for payment of all applicable engineering and legal review fees
associated with the project, the applicant will bear all costs of development, and the use
supports essential public telecommunication services that are intended to benefit the
community at large;
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 facility will function as an
unmanned installation with infrequent maintenance activity and minimal traffic and noise
generation.No processes or materials associated with the proposal are anticipated to generate
smoke, fumes, glare, or odors in quantities detrimental to adjacent properties or the general
welfare;
H. Will have vehicular approaches to the property which are designed so as not to create
interference with traffic on surrounding public thoroughfares, as the facility will generate
minimal traffic and will utilize an existing access road; and
I. Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of
major importance, since no such features have been identified on the site.
2. 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.
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DATED this 2'day of March 2026.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright, Chairman
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