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Findings - CC - 2025 - FPUD-2025-05 & FP-2025-13 - Final Development Plan and Final Plat for Torrente Secco Sub No. 3BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR TORRENTE SECCO SUBDIVISION NO. 3 FOR TOLL SOUTHWEST, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-2025-OS & FP-2025-13 The above-entitled final development plan and final plat applications came before the Eagle City Council for their action on September 9, 2025. 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: Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final development plan and fmal plat approval for Torrente Secco Subdivision No. 3, a 36-lot (27- buildable, 9-common) residential planned unit development. The 19.83-acre site is located at the northeast corner of North Palmer Lane and West Floating Feather Road at 6868 West Floating Feather Road. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on June 30, 2025. C. HISTORY OF RELEVANT PREVIOUS ACTIONS: 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-Ol-19, and PP-01-19). On May 23, 2023, the City Council approved a conditional use perxnit, preliminary development plan, and preliminary plat for Torrente Secco Subdivision, a 659-1ot (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 Ciry Council approved the design review application for common area landscaping within Torrente Secco Subdivision for phases 1-5 of the development (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 (DR-2024-15). Page 1 of 7 K:�Planning Dept�Eagle Applications�Subdivisions\Tortente Secco\09-Tocrente Secco Subdivision No. 3 FPUD-FP\03-Working Files\Ol-City Council\Ol-CC Packet\Tortente Secco No. 3 FPUD-FP cc£doc On November 26, 2024, the City Council approved the final planned unit development and final plat for Torrente Secco Subdivision No. 1(FPUD-2024-09/FP-2024-14). On March 31, 2025, the City Staff approved a modification to the common area landscaping within Torrente Secco Subdivision for phases 1-5 (DR-2024-14-MOD1) On May 13, 2025, the City received an application to modify the planned unit development for Torrente Secco Subdivision to reduce the number of dwelling units and to replace attached dwellings with "cluster" or "garden lots" (CU-O 1-21-MOD 1/PPUD-O 1-21-MOD 1/PP-02-21- MOD 1) On May 27, 2025, the City Council approved the design review application for common area landscaping within Torrente Secco Subdivision for phases 3-6 of the development (DR-2024-14- MOD2). On June 10, 2025, the City Council approved the iinal planned unit development and final plat for Torrente Secco Subdivision No. 2(FPUD-2025-01/FP-2025-02). On August 22, 2025, the City received a design review application to modify the entry features and monument signs for Torrente Secco Subdivision (DR-2024-15-MOD1). D. PRELIMINARY PUD/PLAT FINDINGS: City Council Findings of Fact and Conclusions of Law dated May 23, 2023, are incorporated herein by reference. 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 benefcial 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. Page 2 of 7 K:�Planning Dept�Eagle Applications\Subdivisions\Torrente Secco\09-Toaente Secco Subdivision No. 3 FPUD-FP\03-Working Files\01-City Council\Ol-CC Packet\Tortente Secco No. 3 FPUD-FP ccf.doc 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 plat. The final plat shows that there have been no significant changes from the preliminary plat other than Street V from the preliminary plat was changed to a cul-de-sac shown as West Walton Pond Court on the final plat. Staff recommends the affirmative finding that the final plat is in substantial compliance with the preliminary plat with the conditions recommended herein. The 8-foot wide community pathways within Lot 12, Block 1 l, Lots 1 and 12, Block 16, and Lot 5, Block 17, should be constructed pursuant to Eagle City Code Section 9-4-1-6 (D)(5)(b), including providing permanent pathway easements in favor of the City with a minimum width of 16-feet (minimum 4-feet on each side of the pathway) over the pathways. The applicant should include the instrument number for the recorded pathway easements on the final plat prior to the City Clerk signing the final plat. The 10-foot wide regional pathway within Lot 1, Block 16, should be constructed pursuant to Eagle City Code Section 9-4-1-6 (D)(5)(a), including providing permanent pathway easements in favor of the City with a minimum width of 18-feet (minimum 4-feet on each side of the pathway) over the pathway. The applicant should include the instrument number for the recorded pathway easement on the final plat prior to the City Clerk signing the final plat. REVIEW BY THE COUNCIL: A review by the City Council was completed on September 9, 2025. 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-2025-OS & FP-2025-13 for a final development plan and final plat for Torrente Secco Subdivision No. 3 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-2021-01, PPUD-2021-01, and PP-2021-02. 3. Comply with all requirements of DR-2024-14 and DR-2024-15. 4. The applicant shall submit payment to the Ciry 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. Page 3 of 7 K:�Planning Dept�Eagle Applica[ions\Subdivisions\Polrente Secco\09-Torrente Secco Subdivision No. 3 FPUD-FP\03-Working Files\Ol-City Council\Ol-CC Packet\Tocrente Secco No. 3 FPUD-FP ccf.doc 6. The following setbacks and lot coverage requirements shall apply: 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) Rear Setback: 30-feet Side Setback: 10-feet (additional5-feet/story) Street Side Setback: 20-feet All common area improvements within Torrente Secco Subdivision No. 3 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. 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 �nal 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. The applicant shall provide a will serve letter from Eagle Sewer District, prior to the issuance of a "notice to proceed with construction" letter to the project engineer. 1 l. The applicant shall provide a will serve 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. The applicant shall provide an certificate of completion for the municipal water system improvements ftom 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. 13. 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. 14. Provide a license agreement from ACHD approving the landscaping located with the public rights- of-way prior to the City Clerking signing the final plat. 15. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits. 16. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to the City Clerk signing the final plat. Page 4 of 7 K:�Planning Dept�Eagle Applications\Subdivisions\Toaente Secco\09-Tocrente Secco Subdivision No. 3 FPUD-FP\03-Working Files\O1Lity Council\Ol-CC Packet\To�rente Secco No. 3 FPUD-FP ccEdoc 17. The applicant shall install at the entrances to Torrente Secco Subdivision No. 3 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 leash. 18. 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. 19. 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. 20. All overhead utilities serving the site shall be located underground. 21. 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 Tonente Secco Subdivision No. 3, prior to the issuance of any building permits. 22. 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. 23. The applicant shall include the instrument number for the recorded pathway easements on the final plat prior to the City Clerk signing the final plat. 24. Owner shall provide a"Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or equipment weighing 25,000 pounds or more, as measured by the Gross Vehicle Weight Rating (GVWR). The submitted plan shall: ■ Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to utilize. ■ State the days and hours in which heavy truck traffic is permitted to utilize the designated route(s). ■ Maximize the use of highways and principal arterials while minimizing the use of local residential streets. ■ State that compression braking is prohibited everywhere in Ada County. ■ Include certiiication that the Owner understands that they are responsible for continually 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. 25. 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 Page 5 of 7 K:�Planning Dept�Eagle Applications\Subdivisions\Tortertte Secco\09-Tolrente Secw Subdivision No. 3 FPUD-FP\03-Working Files\Ol-City Council\Ol-CC Packet\To[rente Secco No. 3 FPUD-FP ccEdoc 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 fmal plat. 26. The owner shall provide a localized grading plan that shows the existing and any modified or proposed contours and spot elevations for the anticipated finish grade taken at the established surveyed pins of Lots 1 and 2, Block 17, showing that the finish grade is generally similar to the grade(s) of the abutting lot to the east in Snoqualmie Falls Subdivision No. 17. The owner shall provide the localized grading plan prior to issuance of Notice to Proceed (NTP) with Construction letter by the City. CONCLUSIONS OF LAW: A. In accardance 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 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. * In accordance with Idaho Code Section 67-6521, a Notice to Proceed with Construction letter will be provided upon the completion of the relevant conditions of approval provided herein following the 14- day appeal period. Page 6 of 7 K:�Planning Dept�Eagle Applications�Subdivisions\Torrente Secco\09-Torrente Secco Subdivision No. 3 FPUD-FP\03-Working Files\OI-City Council\OI-CC Packet\Tortente Secco No. 3 FPUD-FP cef.doc DATED this 23rd day of September 2025. CITY COUNCIL OF THE CITY OF EAGLE Ada Counry, Idaho � Brad Pike, Ma or� ATTEST: �.�i' L.� G, G`�"/ � ,�' °''e�''',. C a , � ��.„ O R °`•; � �� �� o Tracy E. �b`o � Eagle Cit}�,Cle�l�� ,_„ , �, �' ; ;� � . � : !' L ' ,, :� � . � � JA�a � r"' i'� !..'•;[\`l \ \ Page 7 of 7 K\Planning Dept�Eagle Applications�Subdivisions\Torrcnte Secco\09-Torrente Secco Subdivision No. 3 FPUD-FP\03-Working Files\O1-City Council\01-CC Packet\Torrente Secco No. 3 FPUD-FP ccEdoc