Findings - CC - 2025 - FP-2025-17 - Final Plat Approval for Terra View Subdivision No. 6 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL PLAT FOR TERRA VIEW SUBDIVISION )
NO.6 FOR TWENTY BELOW )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FP-2025-17
The above-entitled final plat application came before the Eagle City Council for their action on
November 25, 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:
Twenty Below, represented Patrick Connor with Ardurra, is requesting final plat approval for Terra
View Subdivision No. 6, a 47-lot(41-buildable, 6-common)residential development. The 25.7-acre
site is located at the northeast corner of State Highway 16 and West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 11, 2025.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 9, 2009, 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 in lieu of a PUD) for the Terra View development for SB/CH Land Company
(Flack/Carlock), LLC. At that time the Council instructed staff to work with the applicant to
address the concerns of the Council regarding transitioning of lots adjacent to the eastern boundary
prior to approving the development agreement for the project(A-16-07/RZ-23-07).
On January 9, 2009, the City Council approved the development agreement associated with the
Terra View development for SB/CH Land Company(Flack/Carlock),LLC.
On January 10, 2012, the City Council approved a modification to the development agreement to
extend the time for submittal of a preliminary plat application and to correct a typographical error
contained within a condition of development(RZ-23-07 MOD).
On February 4, 2015, an extension of time to submit a preliminary plat was approved pursuant to
Condition of Development 3.2 of the executed development agreement (Instrument #109021224).
The extension of time was approved to be valid until February 25, 2017 (RZ-23-07).
On March 14, 2017, the City Council approved a development agreement modification regarding
the timing of submittal of a preliminary plat application(RZ-23-07 MOD2).
On January 25,2022,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 [in
lieu of a PUD]) for approximately 44-acres, a development agreement modification, and
preliminary plat approvals for Terra View Subdivision, a 460-lot (396-single family residential, 4-
commercial [may allow up to 192-multi-family residential units], 60 common) mixed use
subdivision(A-02-21/RZ-02-21/RZ-23-07 MOD3/PP-03-21).
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On January 25, 2022, the City Council approved a design review application for one office
(business and professional) budling and three storage buildings within Terra View Subdivision
(DR-34-21).
On March 2, 2022, the City of Eagle Floodplain Administrator approved a Floodplain Development
Permit for Terra View(FPDP-03-21).
On March 22, 2022, the City Council approved a design review application for the Terra View Park
and trailhead parking(DR-52-21).
On June 14, 2021, the City Council approved a design review application for the common area
landscaping including a clubhouse and pool(DR-26-22).
On June 14, 2021, the City Council approved a design review application for two subdivision entry
features and one subdivision entry monument sign(DR-27-22).
On October 11, 2022, the City Council approved the final plat for Terra View Subdivision No. 1
(FP-13-22).
On January 10, 2023, the City Council approved the final plat for Terra View Subdivision No. 2
(FP-15-22).
On August 22, 2023, the City Council approved a preliminary plat for Terra View Commercial
Subdivision(a re-subdivision of Lots 9 and 10, Terra View Subdivision [PP-03-21])(PP-24-22).
On October 24, 2023, the City Council approved the final plat for Terra View Commercial
Subdivision No. 1 (FP-10-23).
On July 9, 2024, 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 [in
lieu of a PUD]), R-6-DA (Residential with a development agreement [in lieu of a PUD]), and R-2-
DA (Residential with a development agreement [in lieu of a PUD]) for approximately 80.87-acres,
a rezone from R-2-DA (Residential with a development agreement [in lieu of a PUD]) to MU-DA
(Mixed Use with a development agreement [in lieu of a PUD]) for approximately 3.33-acres, a
development agreement modification, and preliminary plat approvals for Terra View Subdivision, a
361-lot (230-single family residential, 71-single family attached, 25-commercial, 35-common)
mixed use subdivision(A-06-23/RZ-10-23/RZ-13-18 MOD/PP-07-23).
On November 26, 2024, the City Council approved the final plat for Terra View East Commercial
Subdivision No. 1 (FP-2024-05).
On February 11, 2025, the City Council approved the final plat for Terra View Subdivision No. 3
(FP-2024-18).
On March 11, 2025, the City Council approved the final plat for Terra View Subdivision No. 4
(FP-2024-21).
On May 27, 2025, the City Council approved the final plat for Terra View Subdivision No. 5
(FP-2025-01).
D. PRELIMINARY PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated July 9, 2024, 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;
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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 plat. The final plat shows that there have
been no significant changes from the preliminary plat. It is staff's opinion that the final plat is 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 25, 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 FP-2025-17 for a final plat for Terra View Subdivision No. 6 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 conditions within the development agreement for rezone applications RZ-23-07
MOD3 and RZ-02-21 and subsequent modifications.
3. Comply with the conditions of FPDP-03-21.
4. Comply with all applicable requirements of PP-03-21.
5. Comply with the conditions of DR-26-22 and DR-27-22.
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6. 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.
7. 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.
8. All common area improvements within Terra View Subdivision No. 6 as specified on the approved
landscape plan (DR-26-22) shall be completed or a surety shall be provided as required by Eagle
City Code prior to the City Clerk signing the final plat.
9. 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.
10. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
11. The applicant shall provide a revised final plat with note 5 amended to reference Terra View
Subdivision No. 6 prior to the City Clerk signing the final plat.
12. The applicant shall provide a revised final plat with note 15 amended to reference Lot 24, Block 3,
and Lot 29,Block 5, prior to the City Clerk signing the final plat.
13. The applicant shall provide a revised final plat to include the applicable instrument number of the
recorded Covenants, Conditions, Restrictions and Easements prior to the City Clerk signing the
final plat.
14. 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.
15. 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.
16. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior
to the City Clerk signing the final plat.
17. 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.
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18. 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.
19. 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.
20. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
21. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
22. The applicant shall install at the entrances to Terra View Subdivision No. 6 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.
23. 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.
24. 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.
25. All overhead utilities serving the site shall be located underground.
26. 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 Terra View Subdivision No. 6,prior
to the issuance of any building permits.
27. 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.
28. The applicant shall include the instrument number for all recorded pathway easements on the final
plat prior to recordation.
29. 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 certification 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.
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30. 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 Terra View
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
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, setbacks and uses as specifically
approved by the City will allow for a mix of housing types and uses 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 conditions of approval following the 14-day appeal period.
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DATED this 9th day of December 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
ATT ST:
.ossOFEAG4
Tracy E. s ,rn, Eagle City Clerk : � ,•
� * • SLpLa ;°
/1TE CC.
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