Findings - CC - 2026 - FPUD-2025-08 & FP-2025-16 - Final development plan and final plat for Torrente Secco Sub No. 4.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR TORRENTE SECCO SUBDIVISION NO.4
FOR TOLL SOUTHWEST, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2025-08 & FP-2025-16
The above -entitled final development plan and final plat applications came
Council for their action on April 14, 2026. The Council having heard and
testimony, and having duly considered the matter, makes the following
Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
before the Eagle City
taken oral and written
Findings of Fact and
Toll Southwest, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting
final development plan and final plat approvals for Torrente Secco Subdivision No. 4, a 48-lot
(44-buildable, 4-common), residential subdivision. The 12.83-acre site is located along the east side
of North Palmer Lane, approximately 1,151-feet from the intersection of West Beacon Light Road
and North Palmer Lane.
B. APPLICATION SUBMITTAL DATE:
The applications for this item were received by the City of Eagle on September 4, 2025.
A revised final plat was received by the City of Eagle on March 25, 2026.
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-2007-08/RZ-
2007-10).
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 development agreement modification, conditional use
permit, preliminary development plan, and preliminary plat applications associated with the subject
site (RZ-2007-10 MOD/CU-2019-01/PPUD-2019-01/PP-2019-01).
On May 9, 2023, the City Council approved conditional use permit, preliminary development plan,
and preliminary plat applications 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-2021-01/PPUD-2021-01/PP-2021-21).
On June 11, 2024, the City Council approved a design review application for the common area
landscaping within Torrente Secco Subdivision (DR-2024-14).
On June 11, 2024, the City Council approved a design review application for two subdivision entry
features and monument signs for Torrente Secco Subdivision (DR-2024-15).
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On November 12, 2024, the City Council approved final development plan and final plat
applications for Torrente Secco Subdivision No. 1, a 53-lot (42-buildable, I I -common) residential
planned unit development (FPUD-2024-09/FP-2024-14).
On March 31, 2025, the City Council approved a design review application to modify the common
area landscaping within Torrente Secco Subdivision (Phase 1, 1A, 2, 2A, and 8 — formerly known
as Phases 1-5) (DR-2024-14-MOD).
On June 10, 2025, the City Council approved final development plan and final plat applications for
Torrente Secco Subdivision No. 2, a 64-lot (49-buildable, 15-common) residential planned unit
development (FPUD-2025-01/FP-2025-02).
On September 23, 2025, the City Council approved final development plan and final plat
applications for Torrente Secco Subdivision No. 3, a 36-lot (27-buildable, 9-common) residential
planned unit development (FPUD-2025-05/FP-2025-13).
On January 27, 2026, the City Council approved modifications to the conditional use permit,
preliminary development plan, and preliminary plat for Torrente Secco Subdivision to be a 637-lot
(59 1 -residential [499-single-family detached, 92-single-family attached/duets], 6-commercial,
75-common, and 1-elementary school site) mixed use planned unit development
(CUP-2021-01-MOD 1 /PPUD-2021-01-MOD 1 /PP-2021-02-MOD 1 /PP-2021-02-MOD 1).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated May 9, 2018, and January 27, 2026,
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
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
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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
development plan and preliminary plat. The final development plan and final plat are in substantial
compliance with the preliminary development plan and preliminary plat with the conditions
recommended herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on April 14, 2026. 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-2025-08 & FP-2025-16 for a final development plan and
final plat for Torrente Secco Subdivision No. 4 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 applicable requirements of A-2007-08, RZ-2007-10, CU-2021-01, PPUD-202 1 -0 1,
PP-2021-01 and all subsequent modifications thereof.
3. Comply with all applicable requirements of DR-2024-14 and DR-2024-15 and all subsequent
modifications thereof.
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.
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5. The following setbacks and lot coverage requirements shall apply:
Single Family Detached Lots 4,600-square feet to 7,999-square feet (Lots 19, 20, 22, & 27-40,
Block 1; Lots 3, 4, & 6, Block 4; Lots 3-13, Block 21; and Lots 2 & 3, Block 22)
Front Setback
20-feet (living)
31-feet (front -load garage)
20-feet (side -entry garage)
Rear Setback
25-feet
Interior Side Setback
5-feet (single or two-story)
Street Side
20-feet
Maximum Lot Coverage 50%
Single Family Detached Lots 8,000-square feet to 16,999-square feet (Lots 21 & 23-26, Block 1;
Lots 5 & 7-10. Block 4)
Front Setback 20-feet (living)
31-feet (front -load garage)
34-feet (front -load garage where the sidewalk is 8-feet in width
20-feet (side -entry garage)
Rear Setback 25-feet
Interior Side Setback 7.5-feet (additional 5-feet per story)
Street Side 20-feet
Maximum Lot Coverage 40%
Bonus rooms above garages shall not be considered a second story.
All common area improvements within Torrente Secco Subdivision No. 4 as specified on the
approved landscape plan (DR-2024-14 & DR-2024-14 MOD) 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 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.
8. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
The applicant shall not construct any required improvements, including storm drainage or roadway
facilities, until the City has received a copy of the Ada County Highway District (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.
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.
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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 a Certificate of 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 Fiber 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. The applicant shall provide a license agreement from ACHD approving the landscaping and entry
structure located within the public rights -of way -abutting and within this site, prior to the City
Clerk 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 districts and irrigation districts prior
to the City Clerk signing the final plat.
18. The applicant shall install at the entrances to Torrente Secco No. 4 Subdivision, 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.
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
dripline 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 digital copy of the recorded CC&Rs for the subdivision and a digital copy of the recorded
final plat of Torrente Secco Subdivision No. 4, 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.
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25. 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.
26. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This Street is to be extended in the future".
27. 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 final plat approval;
2. This phase of the development, as conditioned herein, will be capable of creating an
environment of sustained desirability and stability and will have a beneficial effect on present
and potential surrounding uses, because the intensity and scale of the development, with the
required site improvements and improvements to North Palmer Lane, is in harmony with
surrounding development; and adequate assurance that the development will attain such
objectives is provided by the final development plan, pursuant to the conditions herein;
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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, since the development has been evaluated and conditioned by
the Ada County Highway District (ACHD) and the Idaho Transportation Department (ITD),
and because the developer has entered into a Transportation Mitigation Agreement (TMA)
with ITD;
4. No commercial development is proposed within this phase of development;
5. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, because the varied lot sizes, setbacks,
and other dimensional regulations, as specifically approved by the City Council, are consistent
with the intended range for densities associated with the Neighborhood Residential Future
Land Use Designation within the Comprehensive Plan; and because the sidewalks and
pathways will connect future residents of this phase of the development to the primary open
space amenities, as well as to the non-residential uses, of the overall development in
accordance with the PUD;
6. The area surrounding Torrente Secco Subdivision No. 4 can be planned and zoned in
coordination and substantial compatibility with the proposed development, since the
development is subject to a development agreement which includes the adjacent land to the
north, east and south, and because the required improvements to North Palmer Lane will
improve the transportation corridor to the benefit of future development in the area and
provide a buffer for theplanned residential area within the subject site;
7. The PUD is in general conformance with the Comprehensive Plan, because the approved
density, pathway connectivity, and improvement to the local roads within this phase of the
development is consistent with the Neighborhood Residential Future Land Use Designation
and the objectives of residential development within the Village Planning Area; and
8. The existing and required utility services are adequate for the approved population density as
noted by the agencies that will serve the development, and any additional infrastructure which
is required will be provided at the expense of the developer.
* 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.
DATED this 281 day of April 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor l/ ��,,��������►o�,,�
ATTEST: ' ��: �•Q O R A 7,
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Tracy E. orn, Eagle City Clerk STATI •nW
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