Council approves 12-unit Lexington Sky expansion over school objections; vote 4-2

Caldwell City Council approved a special use permit (SUP25-07) to add a single building with 12 residential units at the Lexington Sky Apartments site after a contested hearing and public comment. The motion to approve passed 4-2.

Katie Wright, associate planner for the city, told the council the 0.82-acre parcel is zoned R-3 and that staff found the proposed large-scale multifamily development complies with zoning standards, parking and landscaping requirements, setbacks, frontage and building height. The parcel was rezoned in February 2024 (case ZON 2312) and analyzed under the city’s comprehensive plan (CPM 2313).

Speakers opposing the expansion included Jody Endicott, administrator at Thomas Jefferson Charter School, and several parents and area residents who told the council they were worried about safety, traffic and parking impacts to the school and ball fields. Endicott said the school was not informed of the parcel auction prior to its sale and urged the council not to approve the project; she said the school would be willing to purchase the parcel for $260,000 if offered. Resident commenters reported past thefts and vandalism near the school and expressed concern that additional apartments would increase those issues.

Developer representatives and the applicant described outreach attempts and offers to the school, including a proposed land swap that the school declined. Applicant Scott Carlson said he offered a land swap and fair-market compensation to address the school’s concerns and that Thomas Jefferson declined to engage on those proposals.

Council discussion emphasized legal scope and evidence. City legal counsel advised that the auction, sale and land-swap negotiations were outside the scope of the council’s quasi-judicial review for the SUP and should not factor into the council’s decision. Councilors weighing the application cited staff findings that the project conforms with law and that it was designed to reduce impacts: parking is placed to avoid utility easements and the building orientation does not overlook classrooms. Councilor Dittenburg moved to approve the SUP based on staff findings and conditions in the staff report; Councilor Williams seconded the motion.

The vote: Councilors Dittenburg, Williams, Allgood and Denber voted in favor; Councilors Stoddick and Register voted against. The motion carried 4-2.

What it does: approval authorizes one 12-unit building as an expansion (a second phase) of the Lexington Sky Apartments, subject to the conditions listed in the staff report. Staff recorded that utilities and adequate site access are available or can be provided per engineering staff recommendations.

Context and next steps: Because this was a council-level special use permit, no prior recommendation from a hearing examiner or planning and zoning commission existed. Staff said two public comments were received in writing before the hearing; several residents and the school spoke in opposition at the meeting. The applicant indicated willingness to work with the school on non-regulatory solutions. The council directed staff to finalize the conditions of approval and proceed with the standard permit implementation steps.