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).
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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.
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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.
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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.
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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
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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.
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DATED this 23rd day of September 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Counry, Idaho
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Brad Pike, Ma or�
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