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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 Page 1 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Totrente Secco\14-Torronte Secco 7, 9, 1l LS - DR-2024-14-MOD3\03-Working Files\03City Council\01-CC Packet\Torrente Secco LS 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) Page 2 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS Phases 7, 9, 11 Findings CC.docx 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) Page 3 of 19 K .\Planning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS Phases 7, 9, 11 Findings CC. docx 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) Page 4 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS Phases 7, 9, 11 Findings CC.docx 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. Page 5 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Totrente Secco\14-Tomente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS Phases 7,9, 11 Findings CC.docx 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 Page 6 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrence Secco\14-Torrente Secco 7, 9, 11 LS . DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS Phases 7, 9, 11 Findings CC.docx 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. Page 7 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Totrente Secco\14-Touente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Counci1\01-CC Packet\Totrente Secco LS 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 Page 8 of 19 K Tlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS Phases 7, 9, 11 Findings CC. docx 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. Page 9 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS Phases 7, 9, 11 Findings CC.docx 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. Page 10 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS Phases 7, 9, 11 Findings CC.docx • 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. Page 11 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS Phases 7, 9, 11 Findings CC.docx 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 Page 12 of 19 K:\PlmningDept\EagleApplications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Woddng Files\03City Council\01-CC Packet\Torrente Secco LS 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. Page 13 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS 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. Page 14 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Totrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS 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 Page 15 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Tomente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03City Council\01-CC Packet\Totrente Secco LS 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. Page 16 of 19 K?Planning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03City Council\01-CC Packet\Totrente Secco LS 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 Page 17 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Torrente Secco LS 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. Page 18 of 19 KAPlanning Dept\Eagle Applications\Subdivisions\Torrente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Ton-ente Secco LS 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 ATTEST: ,,oO a s r r „C ��,: QORA�,% � � . *a Tracy E. 006rd, Eagle City Clerk •' �% t�•���� bR1�OR�� i �`S� Page 19 of 19 K:\PlanningDept\EagleApplications\Subdivisions\Touente Secco\14-Torrente Secco 7, 9, 11 LS - DR-2024-14-MOD3\03-Working Files\03-City Council\01-CC Packet\Tolrente Secco LS Phases 7, 9, 11 Findings CC.docx