Findings - CC - 2026 - DR-2024-14-MOD3 - Design Review for the common area landscaping within Torrente Secco Sub (phase 7, 9, and 11).BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW FOR THE COMMON AREA
LANDSCAPING WITHIN TOREENTE SECCO
SUBDIVISION (PHASES 7, 9, AND 11) FOR
TOLL BROTHERS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-14-MOD3
The above -entitled design review application came before the Eagle City Council for their action on April
28, 2026. The Eagle City 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 Brothers, represented by Brian Garrett with Brian Garrett Architecture and Design, PLLC, is
requesting design review approval for the common area landscaping within Torrente Secco Subdivision
(Phases 7, 9, and 11). The 79.76-acre site is located at the southeast corner of West Beacon Light Road
and North Palmer Lane between West Beacon Light Road and West Floating Feather Road at 6397
West Beacon Light Road and 6868 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 2, 2026. Supplemental information
(tree inventory, tree photos) was received March 13, 2026.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 10, 2026, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
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).
On November 12, 2024, the City Council approved a final development plan and final plat for Torrente
Secco Subdivision No. 1, a 53-lot (42-buildable, I I -common) residential subdivision (FPUD-2024-09
& FP-2024-14).
On March 31, 2025, the City approved a design review application to modify the common area
landscaping within Torrente Secco Subdivision (Phase 1, IA, 2, 2A, and 8 - fka Phases 1-5) (DR-2024-
14-MOD).
On May 27, 2025, the City Council approved a final development plan and final plat for Torrente Secco
Subdivision No. 2, a 64-lot (49-buildable, 15-common) residential planned unit development (FPUD-
2025-01 & FP-2025-02).
On May 27, 2025, the City Council approved a design review application for the common area
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Phases 7, 9, 11 Findings CC.doex
landscaping within Torrente Secco Subdivision (Phases 3-6) (DR-2024-14-MOD2).
On September 29, 2025, the City Council approved a final development plan and final plat for Torrente
Secco Subdivision No. 3, 36-lot (27-buildable, 9-common) residential planned unit development
(FPUD-2025-05 & FP-2025-13).
On September 10, 2025, the City approved a design review application to modify two subdivision entry
features and monument signs for Torrente Secco Subdivision (DR-2024-15-MOD 1).
For additional property history see: A-2007-08/RZ-2007-10, RZ-2007-10-MOD, CU-2019-01, PPUD-
2019-01, and PP-2019-01, and CU-2021-01/PPUD-2021-01/PP-2021-02.
E. COMPANION APPLICATIONS:
There are no companion applications.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Village and Community
MU-DA (Mixed Use with a
Vacant property and
Center, Compact
development agreement), R-
Agriculture
Residential, and
2-DA (Residential with a
Neighborhood
development agreement) and
Residential
R-4-DA (Residential with a
development agreement)
Proposed
No Change
No Change
Residential and
Commercial Planned Unit
Development
North of site
Village and Community
RUT (Rural -Urban Transition
Agriculture and Single -
Center, Compact
— Ada County designation),
Family Residences
Residential, and Large
R1 (Estate Residential — Ada
Lot Residential
County designation), and R-E-
DA (Residential- Estates with
a development agreement)
South of site
Neighborhood
R-2-DA-P (Residential with a
Proposed Legacy
Residential
development agreement —
Development
PUD)
East of site
Neighborhood
R-2-DA-P (Residential with a
Tannebaum Subdivision
Residential
development agreement —
and Proposed Stags
PUD)
Crossing Subdivision
West of site
Village and Community
RUT (Rural -Urban Transition
Vacant property,
Center, Compact
— Ada County designation),
Agriculture, and Proposed
Residential, and
MU-DA (Mixed Use with a
Millstone Farm
Neighborhood
development agreement, R-4-
Subdivision and
Residential
DA (Residential with a
Snoqualmie Basin
development agreement) and
Subdivision
R-2-DA- P (Residential with
a development agreement —
PUD)
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G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located within the city-wide Design Review Overlay District.
H. URBAN RENEWAL AREA:
The site is not located within the Urban Renewal Area.
I. EXISTING SITE CHARACTERISTICS:
The site is undeveloped and was previously used for agricultural purposes.
J. SITE DATA:
Total Acreage of Site — 276.75-acres
Total Number of Lots — 659
Residential — 613
Commercial — 6
Industrial — 0
Common — 39
Total Number of Units — 613
Single-family — 391
Single-family attached — 222
Two-family — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Proposed
Required
Dwelling Units Per Gross Acre
2.33-dwelling units/acre
4.9-dwelling units/acre (pursuant to the
(not inclusive of the
executed development agreement)
commercial area)
Minimum Lot Size
3,967 square feet (MU)
5,000 square feet (MU) 8,000 square
4,037 square feet (R-4)
feet (R-4) 17,000 square feet (R-2)
4,113 square feet (R-2)
Except that a decrease of minimum
lot size in a subdivision may be
allowed if there is an offsetting
increase of the same percentage in
open space and a planned unit
development is applied for and
approved) — pursuant to ECC Section
8-6-6-5 (A). The offsetting increase of
the required percentage in open
space has been provided.
Minimum Lot Width
35-feet (MU)
50-feet (minimum) (MU)
35-feet (R-4)
70-feet (minimum) (R-4) 75-feet
35-feet (R-2)
(minimum) (R-2)
Minimum Street Frontage
33-feet
35-feet
Total Acreage of Common Area
78.92-Acres (inclusive
52.68-acres (minimum)
Open Space
of planter strips)
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K. PARKING ANALYSIS: N/A
L. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing 50-foot wide landscaped buffers along West Beacon Light Road, West
Floating Feather Road, and a 35-foot wide landscaped buffer along each side of North Palmer Lane
adjacent to the development. The proposed widths of the landscaped buffer areas are in conformance
with Eagle City Code Section 8-2A-7(J)(4).
Common Area Open Space:
A total of 78.92-acres (approximately 29.9%) of open space is proposed within the subdivision.
Approximately 53.19-acres (23%) of the proposed open space is considered to be "Open Space, Active"
as defined by Eagle City Code Section 9-1-6. The common area open space consists of a large central
common area (24.77-acres) which serves as a gathering place with a clubhouse, swimming pool facility,
parking area, playground equipment, pickleball courts, covered barbeques and picnic areas, sand
volleyball, pond, and interconnected linear open spaces with an extensive pathway network. Pocket
parks are proposed in the northern and southern portions of the project which include playground
equipment, paths, splash pad, and other active amenities.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval prior
to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be
developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and
approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs
either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another
lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility and drainage easements to be not less than 10-feet- wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On -site Septic System:
There are two (2) existing septic systems which served two (2) dwellings previously located on the
property. The septic systems will need to be abandoned during construction of the subdivision.
Preservation of Existing Natural Features:
The site contains trees adjacent to the irrigation canal located in proximity to the eastern boundary
and additional trees centrally located in proximity to the southern property line.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any.historical artifacts are discovered
during excavation or development of the site, state law requires immediate notification to the state.
M. BUILDING DESIGN FEATURES:
Pavilion
Roof: Wood (Cedar Tone Natural stain)
Columns: Stone (Pine Creek), trim (SW7630 Raisin)
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N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are 87-existing trees on the site. The applicant is proposing to retain 78-trees and remove 9-trees
from the site. Below is a list of the 9-trees proposed for removal as shown on the existing tree plan.
Tree Specie
Caliper/
Condition
Remove/R
Replacement
Height
etained
Inches/Feet per
ECC
Black Locust
4"
Good condition
Remove
TBD
1-3, 5-6
4"
Good condition
Remove
4"
Good condition
Remove
4"
Good condition
Remove
4"
Good condition
Remove
Cottonwood
10"
Poor condition, leaning
Remove
TBD
4, 7-8
10"
Good condition
Remove
10"
Good condition
Remove
Amur Maple
5"
Good condition, undesirable
Remove
TBD
9
Total caliper inches/feet of trees required to be replaced on site
TBD by the Design
Review Board and
City Council
Total caliper inches removed from the site
55 "
Total caliper inches proposed for mitigation
464"
Tree Replacement Calculations: The applicant is proposing to remove 9-trees totaling 55-caliper inches.
The trees proposed for removal are undesirable; however, the applicant is providing an additional 232-
trees through this phase of the development above code requirements that can be counted towards
mitigation. See discussion on page 15 for more information.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West Beacon Light Road, North Hartley Way, and internal
streets.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
O. TRASH ENCLOSURES: N/A
P. MECHANICAL UNITS: N/A
Q. OUTDOOR LIGHTING:
A landscape plan showing the locations and detailed lighting cutsheets showing the height, wattage,
illumination, etc. for streetlights were received and complies with Eagle City Code Section 8-4-4-2.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within City of Eagle Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:
No public uses are proposed.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisition map currently exists.
V. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment is not required for this application.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Department of Environmental Quality
Eagle Fire Department
Y. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
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proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed, that are harmonious with the architectural design of the building
and the adjacent buildings, and will not cover or detract from desirable architectural features.
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:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Condition of Development of the executed development agreement (Ada County instrument
# 107164794) states that the property may be developed based on the comprehensive plan that was in
effect at the time the development agreement was recorded. The following information shows the
history of the site based on the comprehensive plan in effect of the time and the basis of the approved
densities as well as the maximum number of residential units which may be approved based on the
2017 Eagle is Home Comprehensive Plan.
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Phases 7, 9, 11 Findings CC.docx
1 Village
r "' C enter
1 �
Fesiderltial Four
lResidential Two
2007 COMP PLAN Densities:
Village Center: 80 Acres @ 10 units/acre= 800 units
Residential Four: 85acres @ 4 units/acre= 340 units
Residential Two: 207 acre @ 2 units/acre= 414 units
Subtotal: 1,554
10% PUD Bonus: 155
Total Development Potential: 1,709
units
Eagle 2007 Comprehensive Plan (adopted February 2007)
1/20/2007 Approved by Eagle City Council
2007 Approval & DA Standards
1,824 units Max (4.9units/acre)*
132 acres at 2 units/acre = 264 units
140 acres at 4 units/acre = 560 units
100 acres at 10 units/acre = 1000 units
(Each acre of mixed use not used as residential; 10 units are deducted from the
total unit count)
*Inclusive of the previously approved Millstone Farms Subdivision (310-
dwelling units)
10% Open Space
50% of non -building school site counts as open space
M_
I IORMAECHEA
2007 Conceptual Plan
within DA• 1,334
Residential units*
49 acres of Mixed use (non-
residential) (490 units
deducted)
37.2 acres of open space (10%)
* Inclusive of the previously approved
Millstone Farms Subdivision
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Torrente Secco Subdivision is proposed with the following
613 units (2.33 units/acre)
55.53-acres* at 10 units/acre — 237 units (4.27 units/acre)(proposed)
77.27-acres at 4 units/acre — 205 units (2.65 units/acre)(proposed)
130.61-acres at 2 units/acre — 171 units (1.31 units/acre)(proposed)
*Excludes commercial area
2017 Eagle is Home Plan (adopted November 2017)
llage Center
Compact Reyide al 1
--J 1
1
'.\4hborhood sidentialI
I 1
1 � 1
1 _J 1
I 1
•--- r J
1(U
2017 Eagle is Home Densities:
Village and Comniunitv Center: 17-acres a
10 units acre = 170 units
Compact Res.: 30-acres d 8 units acre = 240
units Neighborhood Res: 230-acres a 2
units acre = 460 units
Total Development Potential:
870 units
B. DEVELOPMENT AGREEMENT CONDITIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
There are no development agreement conditions of development which are of special concern regarding
this proposal.
C. CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY
PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
5. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
10. The applicant shall be required to construct the following amenities with the associated subdivision
phase:
• Lot 1, Block 8 — Playground equipment and covered sitting area (Phase 8)
• Lot 1, Block 15 — Splash pad (Phase 7)
• Lot 1, Block 20 — Playground equipment and covered sitting area (Phase 4)
• Lot 1, Block 27 — Covered sitting (Phase 1)
• Lot 4, Block 29 — Dog park (Phase 7)
The amenities shall be constructed prior to the City Clerk signing the final plat for the
associated subdivision phase.
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11. The applicant shall comply with the site specific conditions as outlined in the Parks, Pathways, and
Recreation Commission Pathway Recommendations memo, dated April 5, 2021. The required
pathways shall be completed with the associated subdivision phase prior to the City Clerk signing
the final plat.
12. A 10-foot-wide concrete pathway shall be constructed along the New Dry Creek Canal in proximity
to the east property line. The pathway shall be constructed to the City standard for concrete
pathways and constructed concurrently with Phase No. 1 of any development of the property. The
specific location and design of the pathway shall be reviewed and approved by the City Trails and
Pathways Superintendent prior to submittal of a design review application. The pathway shall be
located in a recorded 25-foot wide easement or easements dedicated to and accepted by the City of
Eagle. The instrument number of the recorded easement or easements shall be referenced on the
face of the plat, upon recordation of the final plat(s) wherein the pathway is located. The City shall
also have the option to erect wayfinding and other signage as needed.
19. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed
at the front of each lot generally at each side property line, or as approved by the Design Review
Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-foot-wide
concrete sidewalk and the curb. 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.
20. All living trees shall be preserved unless otherwise determined by the Design Review Board. A
detailed landscape plan showing how the trees will be integrated into the open space areas (unless
approved for removal the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to
the Design Review Board's direction) to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
21. All overhead utilities on the site should be removed and/or placed underground prior to the City
Clerk signing the final plat.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
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• Eagle City Code Section 8-2A-7(C): Retention, Removal, and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species identified
in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree
removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot
of coniferous tree removed, an equivalent amount of vertical feet shall be replanted.
Example: An eight inch (8") caliper deciduous tree is removed, an acceptable replacement
would be four (4) two inch (2") caliper deciduous trees. A twelve foot (12) tall coniferous tree
is removed, an acceptable replacement would be two (2) six feet (6) tall coniferous trees.
b. When a homeowners association or its agent removes tree(s) from a subdivision common
area to appropriately thin an overgrown canopy, replacement shall not be required provided
the site remains in compliance with subdivision's approved landscape plan as determined
by the city.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver
maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased,
insect infested, or containing similar maladies may be exempt from replacement if removal
is first approved by the city.
d. In cases where the condition of the tree(s) constitutes an "emergency" as defined in section
8-1-2 of this title, the tree(s) may be removed without approval provided that the city is
notified after the tree's removal and provided with documentation indicating the tree's
condition at time of removal.
e. Planting within public rights of way shall be with approval from the city and the public
entity owning the property.
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree
or shrub. Any severely damaged tree shall be replaced in accordance with subsection C2 of this
section.
4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6), or to the drip line, whichever is furthest from the trunk.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
E. DISCUSSION:
• The applicant is requesting design review approval for the common area landscaping within
Torrente Secco Subdivision (phases 7, 9, and 11). Street trees are proposed along the internal
streets, North Hartley Road, and East Beacon Light Road. There is one pavilion, a tot lot, pathways
throughout the development, and a landscape buffer along East Beacon Light Road. Staff defers
comment regarding the common area landscaping to the Design Review Board.
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The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to not interfere with the visual character, quality or appearance of the surrounding area
and City, and where possible, enhance the continuity of thematically common architectural
features, and will have facades, features, and other physical improvements that are designed as a
whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• Sheet L 1 of the landscape plan shows a 5-foot wide sidewalk along the west side of North Hartley
Way that stops at East Beacon Light Road. The required pathway along East Beacon Light Road is
required to be 10-feet wide.
Exhibit from PPRC Memo
ARFA
Landscape Plan
• B - 10.fooa-wide pathssas . shoun to 1'EL 0W in FIGURE I dM be
constructed to ACRD Srnndarrit k i detached sidewalks.
The applicant should be required to provide a revised landscape plan showing the 5-foot wide
sidewalk on North Hartley Way transition to a 10-foot wide pathway along East Beacon Light
Road. The revised landscape plan should be reviewed and approved by staff prior to the submittal
of a final plat application.
• Sheets L5 and L6 of the landscape plan show a 5-foot wide sidewalk along the east side of North
Hartley Way; however, an 8-foot wide concrete pathway is required pursuant to preliminary plat
site specific condition no. 11.
• D = S-footwide Co=uuur - Pathway shall be provided for all altennteats shown
m GREPC in FIGURE I
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Phases 7, 9, 11 Findings CC.docx
The applicant should be required to provide a revised landscape plan showing an 8-foot wide
concrete pathway along the east side of North Hartley Way. The revised landscape plan should be
reviewed and approved by staff prior to the submittal of a final plat application.
Sheet L8 of the landscape plan shows an 8-foot wide pathway within the common lot on the east
side of North DeMarini Avenue; however, a 10-foot wide pathway is required pursuant to
preliminary plat site specific condition no. 11.
Exhibit from PPRC Memo Landscape Plan Sheet L8
CC --inflnn
• E = 10-foot-wide pathways. shown ui ORANGE to FIGURE 1. constructed to the
CinStandard ja- Cona•ete Patlncats (Descnbed to FIGURE 2). This sechon trust
The applicant should be required to provide a revised landscape plan showing a 10-foot wide
concrete pathway within Lot 8, Block 27. The revised landscape plan should be reviewed and
approved by staff prior to the submittal of a final plat application.
Preliminary Plat Site Specific Condition No. 11 requires the applicant to comply with the PPRC
memo, dated April 5, 2021. Item 2.a.2 within the memo is a condition required by the New Dry
Creek Ditch Company requiring a fence to be installed between 5 and 10 feet from top of bank on
the north and west sides of the ditch. The landscape plan and fence plan do not show a fence
proposed along the ditch. The applicant has provided a letter from New Dry Creek Ditch Company,
dated March 10, 2026, stating the ditch company does not want a fence installed within their
easement area. Since the original condition within the PPRC memo was added based on a
requirement from New Dry Creek Ditch Company and the ditch company no longer requires the
fence, a fence does not need to be constructed.
There are 87-existing trees on the site. The applicant is proposing to remove 9-trees and protect and
retail 78-trees. The 9-trees proposed for removal are Black Locust, Cottonwood, and Amur Maple
trees, total 55-caliper inches, and are located in proximity to the proposed 10-foot wide regional
pathway. All trees are in good condition with exception of one tree that is in poor condition. The
applicant is proposing an additional 232-trees above code requirements that can be utilized towards
mitigation of the 9-trees. Staff defers comments regarding the removal of the 9-trees to the Design
Review Board.
If the City approves the removal of the trees and the proposed mitigation, no additional trees are
required.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
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Phases 7, 9, It Findings CC.docx
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on March 26, 2026, at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff s presentations, the Board discussed during deliberation that:
• The Board is in favor of the proposed common area landscaping.
• The Board is in favor of the removal of nine trees and the proposed mitigation.
BOARD DECISION:
The Board voted 5 to 0 (Milian and Asher absent) to recommend approval of DR-2024-14-MOD3 for a
design review application for the common area landscaping within Torrente Secco Subdivision (phases 7,
9, and 11), with the following site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document, dated April 9, 2026.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on April 28, 2026, at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-2024-14-MOD3 for a design review application for the common
area landscaping within Torrente Secco Subdivision (phases 7, 9, and 11), with the following Design
Review Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU-2021-01/PPUD-2021-01/PP-2021-02.
2. Provide a revised landscape plan showing the 5-foot wide sidewalk on North Hartley Way transition to
a 10-foot wide pathway along East Beacon Light Road. The revised landscape plan shall be reviewed
and approved by staff prior to the submittal of a final plat application.
3. Provide a revised landscape plan showing an 8-foot wide concrete pathway along the east side of North
Hartley Way. The revised landscape plan shall be reviewed and approved by staff prior to the submittal
of a final plat application.
4. Provide a revised landscape plan showing a 10-foot wide concrete pathway within Lot 8, Block 27. The
revised landscape plan shall be reviewed and approved by staff prior to the submittal of a final plat
application.
5. The City approves the removal of the trees and the proposed mitigation, no additional trees are required.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
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Phases 7, 9, 11 Findings CC.docz
10. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs, gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested
in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
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Phases 7, 9, 11 Findings CC.docz
submitted to the City prior to issuance of any building perm its or Certificate of Occupancy, whichever
occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch,
pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The
letter shall include the following comments and minimum requirements, and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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Phases 7, 9, 11 Findings CC.docx
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those required
by the above conditions, will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to submit
a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
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Phases 7, 9, 11 Findings CC.docx
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-2024-14-MOD3) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design
Review Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and subdivision landscaping is permitted with the approval of a design review
application within the MU-DA (Mixed Use with a development agreement), R-2-DA (Residential
with a development agreement), and R-4-DA (Residential with a development agreement) zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed common area landscaping is designed to
complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district — Not applicable for a landscape plan;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings — Not applicable for
a landscape plan;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development — Not applicable for a
landscape plan;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
1. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
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Phases 7, 9, 11 Findings CC.docx
DATED this 28 h day of April 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
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Tracy E. 006rd, Eagle City Clerk •'
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Phases 7, 9, 11 Findings CC.docx