Findings - DR - 2026 - DR-2026-06 - Valnova - Design Review for Cell Tower within ValnovaBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A PERSONAL
WIRELESS FACILITY (HEIGHT OVER 50')
FOR CLYDE CAPITAL GROUP
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2026-06
The above -entitled design review application came before the Eagle Design Review Board for their action
on February 26, 2026. The Eagle Design Review Board 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 design
review approval to construct a 75-foot tall monopole and equipment storage area for a personal wireless
facility. The 65.80-acre site is generally located southeast of the West Glencara Drive and North Linder
Road intersection at 4921 West Glencara Drive (Lot 40, Block 1, Valnova Spring Valley Subdivision
No. 1) (Ada County Parcel # R8954704600).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 20, 2026.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 28, 2026, in accordance with the
requirements of the Eagle City Code.
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-2006-14 & RZ-2006-19).
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-2006-19-MOD1).
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-2006-19-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-2021-06).
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On May 24, 2022, the City Council approved a Planned Unit Master Plan (PUMP) No. 1 for Spring
Valley for GWC Capital, LLC, (PU-2021-01).
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-2022-22).
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-2022-23).
On May 24, 2022, the City Council approved a two (2) community entry monument signs for Spring
Valley Subdivision for GWC Capital, LLC (DR-2022-24).
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-2021-17).
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-2022-17).
On February 17, 2026, the Planning and Zoning Commission recommended approval of a conditional
use permit for a monopole personal wireless facility (CUP-2026-02).
E. COMPANION APPLICATIONS:
There are no companion applications associated with this application.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Foothills Residential
R-1-DA (Residential with a
Vacant land (Lot 40, Block 1,
development agreement)
of Valnova Spring Valley
Regional Open Space (ROS)
Subdivision No. 1)
within Valnova Planning Unit
Master Plan (PUMP) No. 1
Proposed
No Change.
No Change
Personal wireless facility
(height over 50-feet)
(maximum height 75 )
North of site
Foothills Residential
R-1-DA (Residential with a
Vacant land (Lot 39, Valnova
development agreement)
Spring Valley Subdivision
No. 1)
South of site
BLM Park
R-1-DA (Residential with a
Bureau of Land Management
development agreement)
(BLM) Land
East of site
Foothills Residential
R-1-DA (Residential with a
City of Eagle Municipal
development agreement)
Water Tank #1
West of site
Foothills Residential
R-1-DA (Residential with a
Single family residential
development agreement)
(Valnova Subdivision No. 3 [a
re -subdivision of Lot 42,
Block 1 of Valnova Spring
Valley Subdivision No. 1])
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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 the 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.
J. SITE DATA:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
65.8-acres (2,866,248-SF)
N/A
Front Setback (East)
87-feet
50-feet (minimum)
Rear Setback (West)
350+-feet
30-feet (minimum)
Side Setback (South)
75-feet
20-feet (minimum)
Side Setback (North)
300+-feet
20-feet (minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Personal Wireless Facility: 0-square feet of building, 400-square feet of
fenced area
Wireless Communication Facilities — 1 space per 500 square feet of gross floor area = 1 parking space
• Eagle City Code Section 11A-5-5 requires 1 parking spaces per 500 square feet of gross floor area:
Proposed Parking Spaces: 1
Required Parking Spaces: 1 (calculated based upon the above use identified in Eagle City Code Section
I IA-5-5: "Wireless Communication Facilities")
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No buildings are proposed with this application.
Gross Floor Area of Proposed Buildings:
The proposed wireless communication facility fenced area is approximately 400-square feet.
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.
M. BUILDING DESIGN FEATURES:
Roof None
Walls: Split face CMU (Basalite Geowall Pro Pyramid (625), Wrought Iron Gate (Black)
Windows/Doors: None
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Fascia/Trim: None
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: There are no street trees proposed with this application.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
O. TRASH ENCLOSURES:
There are no trash enclosures proposed with this application.
P. MECHANICAL UNITS:
There are no mechanical units proposed with this application.
Q. OUTDOOR LIGHTING:
There is no lighting proposed with this application.
R. SIGNAGE:
There is no signage proposed with this application.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Star Fire District has not been received by the City. The site is
located within City of Eagle Water service area. The personal wireless facility site will not require
water or sewer services.
T. PUBLIC USES PROPOSED:
There are no public uses proposed with this application.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisition map currently exists.
V. 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
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W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment is not required for this application.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Department of Environmental Quality
Y. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
Z. EAGLE CITY CODE I IA-3-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed, that are harmonious with the architectural design of the building
and the adjacent buildings, and will not cover or detract from desirable architectural features.
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THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Foothills Residential
A unique combination of land uses within the Eagle Foothills that strives to balance residential, non-
residential, and open space (developed and natural) use to create unique hamlets of development that
place urban development within the natural environment without overcrowding or significantly altering
the natural features found on the site.
The overall density in the foothills should be approximately 1 unit per two acres. Residential densities
should be calculated to be commensurate with the existing land conditions. Priorities for open space
areas should be lands with slopes of 25% or greater and important habitat areas. No residential density
should be granted for areas located within the Floodway. Units should be arranged in accordance with
the transect plan as described in the Foothills planning area.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 11A-3-1: GENERAL APPLICABILITY:
This title applies to all proposed development located within Spring Valley and requires the
submittal of a design review application pursuant to this title and fee as prescribed from time to
time by the city council.
An individual single-family detached dwelling on a single parcel is specifically excluded from the
requirements of design review.
• 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 I IA-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.
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• Eagle City Code Section 11A-4-4(FFF):
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:
(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
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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').
(2) A one mile radius for towers with a height over eighty feet (80') but not more than one
hundred ten feet (110').
(3) A one-half (1/2) mile radius for towers with a height over fifty feet (50') but not more
than eighty feet (80').
(4) A one-fourth (1/4) mile radius for towers with a height over thirty-five feet (35') but
not more than fifty feet (50').
b. 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.
c. Any proposed commercial wireless telecommunication service tower shall be designed,
structurally, electrically, and in all respects, to accommodate both the applicant's antennas
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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.
d. Towers must be designed to allow for future rearrangement of antennas upon the tower and
to accept antennas mounted at varying heights.
e. 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.
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 he required
land use standards, based on height and facility typology, shall be as follows unless
otherwise specified in b-g below:
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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 (F) 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 (TIAIEIA) 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 (P) for each foot of
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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.
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
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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.
(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 buildingizoning 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
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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.
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. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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.
D. DISCUSSION:
The applicant is requesting design review approval to construct a 75-foot tall monopole personal
wireless facility within the Regional 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. As proposed, the personal wireless facility
will have sufficient room to allow for three (3) carries to co -locate antenna facilities on the
monopole structure. The applicant is proposing to install a 6-foot tall split face CMU wall around
the base of the monopole personal wireless facility that will provide a 400-square foot enclosed
fenced area. There will be a 6-foot tall black wrought iron gate to access the facility on the east
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elevation of the enclosed area.
Sheet C2.0, date stamped by the City on January 20, 2026, shows the area grading around the 20-
foot wide access easement and the monopole personal wireless facility to have the topsoil removed
and replaced. The applicant should be required to provide a landscape plan showing how any
disturbed soil will be reseeded with Upland Revegetation Seed Mix. The landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance
of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on February 26, 2026,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff s presentations, the Board discussed during deliberation that:
• The Board is in favor of the personal wireless facility as submitted.
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Asher absent) to recommend approval of DR-2026-06 for a design
review application for a personal wireless facility (height over 50'), with the following staff recommended
site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CUP-2026-02.
2. Provide a landscape plan showing how any disturbed soil will be reseeded with Upland Revegetation
Seed Mix. The landscape plan shall be reviewed and approved by staff and one member of the Design
Review Board prior to the issuance of a zoning certificate.
3. No ground mounted equipment, utility buildings, or structures are proposed with this application and
none are approved.
4. No lighting is proposed with this application and none is approved.
5. 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.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
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.
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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 a Zoning Certificate for this site.
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.
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
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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.
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:
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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development 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
Park and Pathway Development 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.
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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 City
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 the City Council 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 modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to submit
a Zoning Permit application to the City and 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 changes 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. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
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.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR 2026-06) with regard to the Eagle City Code Title I IA, Chapter 3, DR Design Review, and based
upon the information provided with the conditions required herein, concludes that the proposed design
review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan.
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2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code IIA-3-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a personal wireless facility (height over 50') is permitted with the approval
of a conditional use permit and a design review application within the R-1-DA (Residential one
with a development agreement) and ROS (Regional Open Space) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed personal wireless facility is proposed to
be located adjacent to the City of Eagle Water Tank No. 1, an existing public utility use;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has been designed to meet the required
parking for a personal wireless facility (height over 50');
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed monopole design is proposed in a location that takes advantage of the existing
topography, therefore, minimizing visual impacts from off -site vantage points;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the equipment
compound fencing has been designed with materials and colors already approved and utilized
within the development that blend with the natural environment;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the monopole does not exceed 75-feet as permitted with a conditional use
permit within Eagle City Code;
G. Will provide safe and convenient access to the property for vehicles by utilizing the existing access
road to the City of Eagle Water Tank No. 1;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area - Not
applicable for this application; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the development, and will not cover nor detract from
desirable architectural features.
Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
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DATED this 14th day of March 2026.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
11ex"'If
W r Li dgr Chairman
ATTEST: `,,•`1�`�■OF■lt� I'l'�,��
Tracy E. O'Eagle City Clerk ; S EA L
'•�OF t�� ��
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