Findings - CC - 2024 - FPUD-2024-09 & FP-2024-14 - Final Development Plan and Final Plat for Torrente Secco Subdivision No. 1 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR TORRENTE SECCO SUBDIVISION )
NO. 1 FOR NORTH EAGLE 413,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2024-09&FP-2024-14
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on November 12, 2024. The Council having heard and taken oral and written testimony,
and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
North Eagle 413,LLC,represented by Becky McKay with Engineering Solutions,LLP,is requesting
final development plan and final plat approval for Torrente Secco Subdivision No. 1, a 53-lot (42-
buildable, 11-common)residential subdivision.The 37.64-acre site is located at the southeast corner
of North Palmer Lane and West Beacon Light Road between West Beacon Light Road and West
Floating Feather Road at 6868 West Floating Feather Road.
B. APPLICATION SUBMITTAL DATE:
The applications for this item were received by the City of Eagle on July 11,2024.
C. HISTORY:
On September 11, 2007, the City Council approved an annexation and rezone from RUT (Rural-
Urban Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement),
R-2-DA(Residential with a development agreement)(not a part of this site),and R-4-DA(Residential
with a development agreement)for Hormaechea LTD Partnership(A-08-07/RZ-10-07).
On December 13, 2007, the executed development agreement associated with the rezone was
recorded(Ada County instrument#107164794).
On October 8,2019,the City Council denied a development agreement modification,conditional use
permit,preliminary development plan, and preliminary plat associated with the subject site (RZ-10-
07 MOD,CU-01-19,PPUD-01-19, and PP-01-19).
On May 23,2023,the City Council approved a conditional use permit,preliminary development plan,
and preliminary plat for Torrente Secco Subdivision, a 659-lot (613-residential [391-single family,
222-single-family attached], 6-commercial, 39 common, and 1-elementary school site) mixed use
planned unit development(CU-01-21,PPUD-01-21,and PP-02-21).
On May 23, 2024, the City Council approved the design review application for common area
landscaping within Torrente Secco Subdivision No. 1 (DR-2024-14).
On May 23, 2024, the City Council approved the design review application for subdivision entry
features and monument signs within Torrente Secco Subdivision No. 1 (DR-2024-15).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated May 23,2023, are incorporated herein
by reference.
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E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B):
The Council shall find that the facts submitted with the application and presented to them establish
that:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an
independent phase capable of creating an environment of sustained desirability and stability
or that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the council;
f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
3. The actions,if any,that the applicant could take to obtain a permit.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
The City Engineer and Planning staff have reviewed the final development plan and final plat. The final
development plan and final plat show that there have been no significant changes from the preliminary
plat. It is staff's opinion that the final development plan and final plat are in substantial compliance with
the preliminary plat with the conditions recommended herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on November 12,2024.The Council made their decision at
that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-2024-09 and FP-2024-14 for a final development plan and
final plat for Torrente Secco Subdivision No. 1 with the following site specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all requirements of CU-01-21,PPUD-01-21,and PP-02-21.
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3. Comply with all requirements of DR-2024-14 and DR-2024-15.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project,prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City,whichever occurs first.
5. The applicant shall not construct any required improvements, including storm drainage or roadway
facilities, until the City has received a copy of the ACHD stamped and approved final engineering
construction drawings.Upon receipt of the ACHD approved construction drawings and confirmation
by the City Engineer that they comply with the City approved construction drawings, the City will
issue a"notice to proceed with construction"to the applicant's designated representative.
6. The following setbacks and lot coverage requirements shall apply:
Attached Single-Family Lots 3,950-square feet to 7,999-square feet within the R-2-DA, R-4-
DA,&MU-DA:
Minimum Lot Size: 3,967-square feet
Maximum Lot Coverage: 50 percent
Minimum Lot Width: 33-feet
Front Setback: 20-feet
31-feet(front load garage)
Rear Setback: 20-feet
15-feet(duets only)
Side Setback: 5-feet
0-feet(common wall)
Street Side Setback: 20-feet
The duets shall be limited to single-story not to exceed 25-feet in height.
Single-Family Lots 8,000-square feet to 16,999-square feet within the R-2-DA, R-4-DA, &
MU-DA:
Minimum Lot Size: 8,000-square feet
Maximum Lot Coverage: 40 percent
Minimum Lot Width: 70-feet
Front Setback: 20-feet
31-feet(front load garage)
34-feet(front load garage Lots 44-52,Block 29)
Rear Setback: 25-feet
Side Setback: 7.5-feet(additional 5-feet/story)
Street Side Setback: 20-feet
Single-Family Lots 17,000-square feet and above within the R-2-DA,R-4-DA,&MU-DA:
Minimum Lot Size: 17,000-square feet
Maximum Lot Coverage: 40 percent
Minimum Lot Width: 75-feet
Front Setback: 30-feet
31-feet(front load garage)
34-feet(front load garage Lots 2-6,Block 18,Lots 7 and 8,
Block 19)
Rear Setback: 30-feet
Side Setback: 10-feet(additional 5-feet/story)
Street Side Setback: 20-feet
Commercial Lots:
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Minimum Lot Size: 5,000-square feet
Maximum Lot Coverage: 50 percent
Minimum Lot Width: 50 feet
Front Setback: 20 feet
Rear Setback: 20 feet
Side Setback: 7.5 feet
Street Side Setback: 20 feet
7. All common area improvements within Torrente Secco Subdivision No. 1 as specified on the
approved landscape plan(DR-2024-14) shall be completed or a surety shall be provided as required
by Eagle City Code prior to the City Clerk signing the final plat.
8. The developer shall provide 2-inch minimum caliper shade-class trees as shown on the approved
landscape plan. Prior to the City Clerk signing the final plat, the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of
the installation of all landscape and irrigation improvements. Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the
development that is completed, including street trees that have been installed. On-going surety for
street trees for all undeveloped portions of the development will be required through project
completion.
9. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
10. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,prior
to the issuance of a"notice to proceed with construction"letter to the project engineer.
11. The applicant shall provide an approval letter from the City of Eagle Municipal Water Department
prior to the issuance of a"notice to proceed with construction"letter to the project engineer.
12. Provide an approval letter for completion of sewer improvements from Eagle Sewer District,prior to
the City Clerk signing the final plat.
13. The applicant shall provide an approval letter for completion of the municipal water system
improvements from the City of Eagle Municipal Water Department or a surety shall be provided as
required by Eagle City Code prior to the City Clerk signing the final plat.
14. Prior to installation of the municipal fiber-optic conduit lines,the applicant shall provide an approval
letter from the City of Eagle Public Works Department prior to the issuance of a"notice to proceed
with construction"letter to the project engineer.Upon completion of the installation of the municipal
fiber-optic conduit lines,the applicant shall provide GIS coordinates of the locations of the municipal
fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates
provided,and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing
the final plat.
15. Provide a license agreement from ACHD approving the landscaping located with the public right-of-
ways prior to the City Clerking signing the final plat.
16. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
17. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
18. The applicant shall install at the entrances to Torrente Secco Subdivision No. 1 4' x 4' plywood or
other hard surface signs(mounted on two 4"x 4"posts with the bottom of the signs being a minimum
of 3-feet above the ground)noticing the contractors to clean up daily,no loud music,and no dogs off
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leash.
19. Construction fencing shall be installed to protect all trees that are to be preserved on the site,prior to
the commencement of any construction. No activity whatsoever shall take place within the drip line
of the trees.
20. The applicant shall take care to locate and protect from damage existing utilities,pipelines and similar
structures. Documentation indicating that"Digline"has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
21. All overhead utilities serving the site shall be located underground.
22. Provide a copy of the recorded CC&Rs for the subdivision, two (2) full size copies of the recorded
final plat, and an 8 1/2" x 11" recorded copy of the final plat of Torrente Secco Subdivision No. 1,
prior to the issuance of any building permits.
23. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a"Notice to Proceed"with construction letter.
24. The applicant shall include the instrument number for all recorded pathway easements on the final
plat prior to recordation.
25. The owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment
over 8000 GVWR.The plan shall show all designated routes and hours of operation.The heavy truck
traffic routes shall maximize use of highways and major arterials while minimizing use of smaller
residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada
County.The owner is responsible for communicating the approved plan to all sub-contractors and for
monitoring compliance. The heavy truck traffic plan shall be reviewed and approved by staff prior to
the issuance of a Notice to Proceed(NTP)with Construction letter by the City.
26. The owner, together with the City of Eagle, shall execute a Conservation and Education Program
(CEP) Funding Plan. The Funding Plan shall be included as a separate, independent Assessment
within the Covenants, Conditions, and Restrictions (CC&Rs) associated with Torrente Secco
Subdivision and shall require the Homeowner's Association to collect$5.00 per lot,per month. The
CC&Rs shall clearly define the CEP assessment within the Assessments section of the CC&Rs, state
that any amendment to this Declaration removing or changing the CEP Assessment in any way must
also be approved in writing by the City of Eagle within the"Terms and Amendments"section of the
CC&Rs,acknowledge that the development of the Project has contributed to the reduction of natural
habitat and open space, and that the purpose of the CEP Assessment is to promote the recreation,
health,safety,and welfare of the Members by funding conservation and/or management of natural or
cultural resources,or conservation-based education and outreach programs.Funds collected from the
CEP Assessment shall be delivered to the City of Eagle annually and deposited in a dedicated fund
exclusively for the Conservation Education Program and as approved by the City Council. The CEP
Funding Plan shall be executed by the Owner and the City prior to the City Clerk signing the final
plat.
CONCLUSIONS OF LAW:
A. In accordance Eagle City Code Section 8-6-6-3(B), the Council finds that the facts submitted with
the application and presented to the Council,with the conditions herein,establish that:
1. This development will be initiated within one year of the date of approval;
2. Each individual unit of the development, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or
that adequate assurance can be provided that such objective will be attained and the uses will
not be detrimental to present and potential surrounding uses, but will have a beneficial effect
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which would not be achieved under standard district regulations because of the conditions
placed on this development;
3. The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic,and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
4. No commercial development is proposed;
5. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the Council because the varied lot sizes and setbacks as specifically approved
by the City will allow for a mix of housing types in accordance with the Comprehensive Plan;
6. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development since no intensive uses, that might
impact the planned residential areas surrounding the development,are proposed;
7. The PUD is in general conformance with the Comprehensive Plan;and
8. The existing and required utility services are adequate for the population densities as noted by
the agencies that will serve the development.
DATED this 26th day of November,2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
rad Pike,Mayor
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