Findings - CC - 2026 - FPUD-2026-02 & FP-2026-05 - Final development plan and final plat for Moscato Secco Sub. No. 1BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR MOSCATO SECCO SUBDIVISION NO. 1
FOR TOLL SOUTHWEST, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2026-02 & FP-2026-05
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on May 26, 2026. The Council having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Toll Southwest, LLC, is requesting final development plan and final plat approvals for Moscato
Secco Subdivision No. 1 (formerly known as Torrente Secco Subdivision), a 44-lot (40-buildable
[6-single family detached, 34-single family attached], 4-common) residential planned unit
development. The 7.74-acre site is on the north side of West Floating Feather Road, approximately
160-feet west of the intersection of West Floating Feather Road and North Moscow Avenue at 6465
West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on March 25, 2026.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 11, 2007, the City Council approved an annexation and rezone from RUT (Rural -
Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement),
R-2-DA (Residential with a development agreement) (not a part of this site), and R-4-DA (Residential
with a development agreement) for Hormaechea LTD Partnership (A-2007-08/RZ-2007-10).
On December 13, 2007, a development agreement was recorded (Ada County Instrument
No. 107164794) associated with RZ-2007-10.
On October 8, 2019, the City Council denied development agreement modification, conditional use
permit, preliminary development plan, and preliminary plat applications associated with the subject
site (RZ-2007-10-MOD 1 /CUP-2019-01 /PPUD-2019-01 /PP-2019-01).
On May 9, 2023, the City Council approved conditional use permit, preliminary development plan,
and preliminary plat applications for Torrente Secco Subdivision, a 659-lot (613-residential
[391-single family detached, 222-single-family attached], 6-commercial, 39-common, and
1-elementary school site) mixed use planned unit development (CUP-2021-0 l /PPUD-2021-01 /
PP-2021-21).
On June 11, 2024, the City Council approved a design review application for the common area
landscaping within Torrente Secco Subdivision (DR-2024-14).
On June 11, 2024, the City Council approved a design review application for two subdivision entry
features and monument signs for Torrente Secco Subdivision (DR-2024-15).
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On November 12, 2024, the City Council approved final development plan and final plat applications
for Torrente Secco Subdivision No. 1, a 53-lot (42-buildable, II -common) residential planned unit
development (FPUD-2024-09/FP-2024-14).
On March 31, 2025, the City Council approved a design review modification application for the
common area landscaping within Torrente Secco Subdivision (Phase 1, IA, 2, 2A, and 8 — formerly
known as Phases 1-5)(DR-2024-14-MOD).
On June 10, 2025, the City Council approved final development plan and final plat applications for
Torrente Secco Subdivision No. 2, a 64-lot (49-buildable, 15-common) residential planned unit
development (FPUD-2025-01/FP-2025-02).
On September 23, 2025, the City Council approved final development plan and final plat applications
for Torrente Secco Subdivision No. 3, a 36-lot (27-buildable, 9-common) residential planned unit
development (FPUD-2025-05/FP-2025-13).
On January 27, 2026, the City Council approved modifications to the conditional use permit,
preliminary development plan, and preliminary plat for Torrente Secco Subdivision to reduce the
total number of buildable lots and change the distribution of residential lot typologies.
The modifications resulted in the approval of a 637-lot (59 1 -residential [499-single-family detached,
92-single-family attached/ducts], 6-commercial, 75-common, and 1-elementary school site) mixed
use planned unit development (CUP-202 1 -0 1 -MOD 1 /PPUD-202 1 -01 -MOD 1 /PP-2021-02-MOD 1).
On April 28, 2026, the City Council approved final development plan and final plat applications for
Torrente Secco Subdivision No. 4, a 48-lot (44-buildable, 4-common) residential planned unit
development (FPUD-2025-08/FP-2025-16).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated May 9, 2023, and January 27, 2026, are
incorporated herein by reference.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3(B):
The Council shall find that the facts submitted with the application and presented to them establish
that:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an
independent phase capable of creating an environment of sustained desirability and stability
or that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the council;
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f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
3. The actions, if any, that the applicant could take to obtain a permit.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
The City Engineer and Planning staff have reviewed the final development plan and final plat. The final
development plan and final plat show that there have been no significant changes from the preliminary
development plan and preliminary plat. The final development plan and final plat are in substantial
compliance with the preliminary development plan and preliminary plat with the conditions herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on May 26, 2026. The Council made their decision at that
time. The City Council meeting minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-2026-02 & FP-2026-05 for a final development plan and final
plat for Moscato Secco Subdivision No. 1 with the following site specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all applicable requirements of A-2007-08, RZ-2007-10, CU-2021-01, PPUD-2021-01,
PP-2021-01 and all subsequent modifications thereof.
3. Comply with all applicable requirements of DR-2024-14, DR-2024-15, and all subsequent
modifications thereof.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice
by the City, whichever occurs first.
5. All common area improvements within Moscato Secco Subdivision No. 1 as specified on the
approved landscape plan (DR-2024-14 & DR-2024-14-MOD1) shall be completed or a surety shall be
provided as required by Eagle City Code prior to the City Clerk signing the final plat.
6. The developer shall provide 2-inch minimum caliper shade -class trees as shown on the approved
landscape plan. Prior to the City Clerk signing the final plat, the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining
any occupancy permits for the homes. A temporary occupancy may be issued if weather does not
permit landscaping. Partial reduction of the surety may be permitted for any portion of the
development that is completed, including street trees that have been installed. On -going surety for
street trees for all undeveloped portions of the development will be required through project
completion.
7. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
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8. The applicant shall not construct any required improvements, including storm drainage or roadway
facilities, until the City has received a copy of the Ada County Highway District (ACHD) stamped
and approved final engineering construction drawings. Upon receipt of the ACHD approved
construction drawings and confirmation by the City Engineer that they comply with the City
approved construction drawings, the City will issue a "notice to proceed with construction" (NTP)
letter to the applicant's designated representative.
9. Any stub street which is expected to be extended in the fixture shall be provided with a sign generally
stating that, "This Street is to be extended in the fixture".
10. All overhead utilities serving the site shall be located underground.
11. Provide an approval letter for construction of sewer improvements from Eagle Sewer District, prior to
the issuance of a "notice to proceed with construction" (NTP) letter to the project engineer by the
City.
12. The applicant shall provide an approval letter from the City of Eagle Municipal Water Department
prior to the issuance of a "notice to proceed with construction" (NTP) letter to the project engineer by
the City.
13. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a "notice to proceed with construction" (NTP) letter.
14. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle, machinery, or
equipment weighing 25,000 pounds or more, as measured by the Gross Vehicle Weight Rating
(GVWR). The submitted plan shall:
■ Graphically show all proposed designated route(s) in which heavy truck traffic is permitted to
utilize.
■ State the days and hours in which heavy truck traffic is permitted to utilize the designated
route(s).
■ Maximize the use of highways and principal arterials while minimizing the use of local
residential streets.
■ State that compression braking is prohibited everywhere in Ada County.
■ Include certification that the Owner understands that they are responsible for continually
communicating the approved plan to all sub -contractors and for monitoring compliance.
The Heavy Truck Traffic Plan shall be reviewed and approved by staff prior to the issuance of a
"notice to proceed with construction" (NTP) letter by the City.
15. The applicant shall provide a localized grading plan that shows the existing and any modified or
proposed contours and spot elevations for the anticipated finish grade taken at the established
surveyed pins of lots along the perimeter of Moscato Secco Subdivision No. 1, showing that the
finished grade is generally similar to the grade(s) of the abutting lots on all sides of the subdivision
perimeter. The applicant shall provide a localized grading plan prior to the issuance of a "notice to
proceed with construction" (NTP) letter by the City.
16. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
17. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
18. The applicant shall provide a Certificate of Completion of the municipal water system improvements
from the City of Eagle Municipal Water Department or a surety shall be provided as required by
Eagle City Code prior to the City Clerk signing the final plat.
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19. Prior to installation of the municipal fiber-optic conduit lines, the applicant shall provide an approval
letter from the City of Eagle Fiber Department prior to the issuance of a "notice to proceed with
construction" (NTP) letter to the project engineer. Upon completion of the installation of the
municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the
municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS
coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City
Clerk signing the final plat.
20. The applicant shall provide a license agreement from ACHD approving the landscaping and entry
structure located within the public rights -of way -abutting and within this site, prior to the City Clerk
signing the final plat.
21. The applicant shall comply with all applicable conditions of the Parks, Pathways, and Recreation
Commission Pathway Recommendations memo, dated August 5, 2021. The construction of the
required pathways within Moscato Secco Subdivision No. 1 shall be completed prior to the City Clerk
signing the final plat.
22. The owner, together with the City of Eagle, shall execute a Conservation and Education Program
(CEP) Funding Plan. The Funding Plan shall be included as a separate, independent Assessment
within the Covenants, Conditions, and Restrictions (CC&Rs) associated with Moscato Secco
Subdivision No. 1 and shall require the Homeowner's Association to collect $5.00 per lot, per month.
The CC&Rs shall clearly define the CEP assessment within the Assessments section of the CC&Rs,
state that any amendment to this Declaration removing or changing the CEP Assessment in any way
must also be approved in writing by the City of Eagle within the "Terms and Amendments" section of
the CC&Rs, acknowledge that the development of the Project has contributed to the reduction of
natural habitat and open space, and that the purpose of the CEP Assessment is to promote the
recreation, health, safety, and welfare of the Members by funding conservation and/or management of
natural or cultural resources, or conservation -based education and outreach programs. Funds collected
from the CEP Assessment shall be delivered to the City of Eagle annually and deposited in a
dedicated fund exclusively for the Conservation Education Program and as approved by the City
Council. The CEP Funding Plan shall be executed by the Owner and the City prior to the City Clerk
signing the final plat.
23. Provide a digital copy of the recorded CC&Rs for the subdivision and a digital copy of the recorded
final plat of Moscato Secco Subdivision No. 1, prior to the issuance of any building permits.
24. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
25. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
26. The applicant shall install at the entrances to Moscato Secco Subdivision No. 1, 4'x 4' plywood or
other hard surface signs (mounted on two 4x4 posts with the bottom of the signs being a minimum of
3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
27. Construction fencing shall be installed to protect all trees that are to be preserved on the site, prior to
the commencement of any construction. No activity whatsoever shall take place within the drip line
of the trees.
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CONCLUSIONS OF LAW:
A. In accordance Eagle City Code Section 8-6-6-3(B), the Council finds that the facts submitted with the
application and presented to the Council, with the conditions herein, establish that:
1. This development will be initiated within one year of the date of final plat approval;
2. Moscato Secco Subdivision No. 1, as conditioned herein, will be capable of creating an
environment of sustained desirability and stability. The required improvements to public utility
and roadway infrastructure can support the intensity and scale of the development as indicated
by the agencies that will serve the development. The landscape plan, as approved through the
design review process, will include design features and open space amenities, which will be
maintained by the homeowner's association. The conditions of development also require the
establishment of an architectural control committee to ensure that homes and accessory
structures are built to the approved design standards. Surrounding uses will benefit from
improved accessibility to public services through the extension of utility infrastructure and the
local roadway network. The required improvements to West Floating Feather Road, a primary
transportation corridor, are intended to mitigate impacts to the transportation system and
improve pedestrian and bicycle safety by providing a multiuse pathway. Additionally, adequate
assurance that the development will attain such objectives is provided by the development
agreement and the final development plan, as conditioned herein;
3. The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic, and the approved densities will not generate traffic in such amounts as to overload the
street network outside the PUD. The development has been evaluated and conditioned with
development requirements by the Ada County Highway District (ACHD) and the Idaho
Transportation Department (ITD), and the applicant has entered into a Transportation Mitigation
Agreement with ITD;
4. No commercial development is proposed within this phase of development;
5. Any exception from standard district requirements is warranted by the design and amenities
incorporated in the final development plan. The varied lot sizes, setbacks, and other dimensional
regulations, as specifically approved by the City Council, allow a variety of housing and
building types within the development in accordance with Eagle City Code Section 8-6-1.
Additionally, the design incorporates community pathways and sidewalks for residents to access
the centrally located open space area, which includes a covered picnic shelter with picnic tables
and a field for recreation. The community pathways within the development are also planned as
part of a pathway network which will provide accessibility to the future public school site;
6. The area surrounding Moscato Secco Subdivision No. 1 can be planned and zoned in
coordination and substantial compatibility with the proposed development. Moscato Secco
Subdivision No. 1 and the existing and future phases of the Torrente Secco development to the
north, east, and west are subject to a development agreement that includes conditions to ensure
the density and design are compatible with the surrounding area. The final development plan for
Moscato Secco Subdivision No. 1 is in accordance with the development agreement.
Additionally, the required improvements to West Floating Feather Road, as required by ACHD
and as conditioned herein, are intended to support long range planning goals for the area by
improving pedestrian and vehicular transportation and connectivity;
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7. The final development plan, as conditioned herein, is in general conformance with the
Comprehensive Plan. The approved density of 2.25 dwelling units per acre for the development
is within the intended range for densities associated with the Neighborhood Residential Future
Land Use Designation within the Comprehensive Plan. Additionally, the development will
utilize approved design standards and include pathways, open space amenities, and utility
services, in accordance with the objectives for community design to enhance the appearance of
the community, as provided within Chapter 10 of the Comprehensive Plan. Furthermore, the
development includes interconnectivity of pathways and local streets, along with improvements
to West Floating Feather Road, in accordance with objectives for connectivity within the Village
Planning Area and for transportation, as described in Chapter 8 of the Comprehensive Plan, to
encourage connectivity through neighborhoods and to require that the impact of development be
studied and evaluated by the agencies which will serve the development; and,
8. The agencies that will serve the development have indicated that the existing and required utility
services are adequate for the approved population density. Any additional infrastructure will be
provided at the expense of the developer.
* In accordance with Idaho Code Section 67-6521, a "notice to proceed with construction" (NTP) letter
will be provided upon the completion of the conditions of approval following the 14-day appeal
period.
Regulatory Takings Analysis Notice: Applicant has the right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 91 day of June 2026.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
7
Brad Pike, Mayor
ATTEST:
Tracy E. Osfag-le City Clerk
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