Findings - CC - 2026 - FP-2025-24 - Development Agreement in lieu of a final planned unit development and a final plat for Capella Estates Sub.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DEVELOPMENT AGREEMENT IN LIEU )
OF A FINAL PLANNED UNIT DEVELOPMENT )
AND A FINAL PLAT FOR CAPELLA ESTATES )
SUBDIVISION FOR BLUE SPRUCE LAND )
COMPANY, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FP-2025-24
The above -entitled final plat application 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:
Blue Spruce Land Company, LLC, represented by Marcel Lopez with Conger Group, is requesting
final plat approval for Capella Estates Subdivision No. 1, a 49-lot (41-buildable, 8-common
[7-open space, 1-private drive]) residential subdivision with a development agreement in lieu of a
planned unit development (PUD). The 24.23-acre site is located on the north side of West State Street
across from the intersection of North Riverview Street and West State Street and approximately
620-feet west of the intersection of West State Street and North Dawn Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 4, 2025. A floodplain
development permit application was received by the City of Eagle on February 5, 2026. Staff received
confirmation from the City engineer on March 20, 2026, that an approved floodplain development
permit would not be required prior to the issuance of a "notice to proceed with construction" (NTP)
letter for the phase of development associated with the final plat for Capella Estates Subdivision
No. 1. A revised fencing plan was received by the City of Eagle on April 1, 2026. Revised final plats
were received by the City of Eagle on April 3, 2026 and May 7, 2026.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 22, 2023, the City Council approved a rezone with a development agreement (in lieu of a
PUD) and a preliminary plat for Capella Estates Subdivision, a 122-lot (108-buildable, 14-common
[13-open space, 1-private drive]) residential subdivision (RZ-2023-01 and PP-2023-01).
On September 12, 2024, the executed development agreement (Ada County Instrument
No. 2024-050596) associated with the rezone (RZ-2023-01) was recorded for Capella Estates
Subdivision.
On April 22, 2025, the City Council approved a design review application for the common area
landscaping for Capella Estates Subdivision (DR-2025-05).
On May 13, 2025, the City Council approved a 12-month extension of time for the preliminary plat
for Capella Estates Subdivision (PP-2023-01-EXT1).
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On November 26, 2025, the City approved a lot line adjustment to allow for future driveway access to
Capella Estates Subdivision for the adjacent property to the north (Parcel B of Record of Survey
15219 [Ada County Instrument No. 2026-007816]) and removal of the existing driveway which
connects to West Hereford Drive (LLA-2025-06).
D. REZONE WITH A DEVELOPMENT AGREEMENT IN LIEU OF A PLANNED UNIT
DEVELOPMENT AND PRELIMINARY PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated August 22, 2023, are incorporated
herein by reference.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3(B):
The Council shall find that the facts submitted with the application and presented to them establish
that:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an
independent phase capable of creating an environment of sustained desirability and stability
or that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the council;
f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
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.
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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 FP-2025-24 for a final plat for Capella Estates 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 RZ-2023-01 and PP-2023-01.
3. Comply with the conditions of DR-2025-05.
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 Capella Estates Subdivision as specified on the approved
landscape plan (DR-2025-05) 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 applicant shall provide a revised final plat with plat note #4 revised to state, "Minimum building
setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time
of issuance of the building permit or as specifically approved and/or required." prior to the City Clerk
signing the final plat.
7. The applicant shall provide a revised final plat with a note added that states, "Lots shall not be
reduced in size without prior approval from the health authority." prior to the City Clerk signing the
final plat.
8. The applicant shall provide a revised final plat with plat note #22 revised to include the Ada County
instrument number associated with the perpetual ingress/egress easement located on Lot 14, Block 4,
prior to the City Clerk signing the final plat.
9. The applicant shall provide a revised final plat with plat note #6 removed, prior to the City Clerk
signing the final plat.
10. The applicant shall include the instrument number for all recorded pathway easements on the final
plat prior to the City Clerk signing the final plat.
11. The applicant shall comply with all applicable conditions of the Trails and Pathways Superintendent's
memo, dated December 16, 2022. The construction of the required pathways within Capella Estates
Subdivision No. 1 shall be completed prior to the City Clerk signing the final plat.
12. 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.
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13. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
14. 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.
15. 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.
16. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
17. The applicant shall provide an approval letter from Veolia Water prior to the issuance of a "notice to
proceed with construction" (NTP) letter to the project engineer.
18. Provide an approval letter for the requirements of the New Dry Creek Ditch Company prior to the
City Clerk signing the final plat.
19. 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.
20. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future".
21. Provide a digital copy of the recorded CC&Rs for the subdivision and a digital copy of the recorded
final plat of Capella Estates Subdivision No. 1, prior to the issuance of any building permits.
22. All fencing located adjacent to open space, or in any required front or street side yard areas shall be
open -style such as wrought iron or extruded aluminum (looks identical to wrought iron). All other
fencing (i.e. dog-ear type cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required
front yard area shall be open -style and limited to four -feet (4') in height.
23. 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 Capella Estates
Subdivision and shall require the Homeowner's Association to collect $5.00 per lot, per month. The
CC&Rs shall clearly define the CEP assessment within the Assessments section of the CC&Rs, state
that any amendment to this Declaration removing or changing the CEP Assessment in any way must
also be approved in writing by the City of Eagle within the "Terms and Amendments" section of the
CC&Rs, acknowledge that the development of the Project has contributed to the reduction of natural
habitat and open space, and that the purpose of the CEP Assessment is to promote the recreation,
health, safety, and welfare of the Members by funding conservation and/or management of natural or
cultural resources, or conservation -based education and outreach programs. Funds collected from the
CEP Assessment shall be delivered to the City of Eagle annually and deposited in a dedicated fund
exclusively for the Conservation Education Program and as approved by the City Council. The CEP
Funding Plan shall be executed by the Owner and the City prior to the City Clerk signing the final
plat.
24. All overhead utilities serving the site shall be located underground.
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25. 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.
26. 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.
27. The applicant shall provide a construction site dust control mitigation plan to be reviewed and
approved by staff prior to the issuance of a "notice to proceed with construction" (NTP) letter.
28. The applicant shall install at the entrances to Capella Estates Subdivision, 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.
29. 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.
30. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
31. 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. Capella Estates 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 State Street, a primary
transportation corridor, are intended to mitigate impacts to the transportation system and
improve pedestrian safety by providing sidewalks. Additionally, adequate assurance that the
development will attain such objectives is provided by development agreement;
The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic, and approved densities will not generate traffic in such amounts as to overload the street
network outside the development. The development has been evaluated and conditioned with
development requirements by the Ada County Highway District (ACHD), and the applicant is
required to comply with all requirements of ACHD and the Idaho Transportation Department
(ITD), pursuant to the preliminary plat conditions of approval;
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 plat and development agreement in lieu of the planned unit
development. 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
provides access to open space and recreation areas, like the pickleball courts and recreation
field, which are centrally located within the development. The largest lots are located adjacent to
the Van Engelen Subdivision to improve the transition in lot sizes between subdivisions.
Pathways are incorporated throughout the development and within landscaped open space
common lots to create scenic walkways and connect residents to the central recreation area and
the regional pathway along Dry Creek which will be built within future phases;
6. The area surrounding Capella Estates Subdivision No. 1 can be planned and zoned in
coordination and substantial compatibility with the proposed development. Capella Estates
Subdivision No. 1 and the future phases of Capella Estates Subdivision to the east are subject to
a development agreement that includes conditions to ensure the density and the design are
compatible with the surrounding area. The proposed development is in accordance with the
conditions of the development agreement. The development, as conditioned herein, is required
to create an appropriate transition to the existing Van Engelen Subdivision to the west and to
provide an adequate buffer from future development of the adjacent properties to the northwest
and north. Easements have been granted to provide vehicular access to the adjacent properties to
the north and south. Additionally, the required improvements to West State Street are intended
to support long range planning goals by improving the functionality of the transportation
corridor for increased pedestrian and vehicular use;
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7. The development, as conditioned by the development agreement in lieu of the planned unit
development, is in general conformance with the Comprehensive Plan. The approved densitiy of
2.14 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 the improvements to West State Street, in accordance
with objectives 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 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
Brad Pike, Mayor
ATTEST:
Tracy E. rn, Eagle City Clerk
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