Caldwell council approves 12-unit Lexington Sky addition over school objections, 4–2

Caldwell City Council approved a special-use permit for a 12-unit addition to the Lexington Sky Apartments on Oct. 6, 2025, despite opposition from Thomas Jefferson Charter School administrators and parents who raised safety, traffic and notification concerns.

The council heard staff testimony that the proposal complies with the city’s R3 zoning, parking, landscaping, bulk standards and available utilities. Katie Wright, associate planner, told the council the parcel was rezoned to R3 in 2024 and staff recommended approval of SUP25-7 subject to conditions outlined in the findings of fact and conclusions of law.

The applicant’s representative, Bonnie Layton of NV5, described the project as an infill phase that connects pedestrian paths to nearby park amenities and said the design complies with code and requires no variances. Property owner Mr. Carlson testified he attempted to negotiate land-swap options with the school in 2023 and 2024 and again through the city earlier this year; he said the school declined those offers and that the purchase followed required public-notice procedures.

Thomas Jefferson Charter School administrator Jody Endicott and several parents spoke in opposition during public comment. Endicott told council she had attended past hearings and provided documentation that the school was not informed of the original sale and auction process; she described repeated vandalism, a vehicle driving through a newly added fence and other safety incidents at the schoolyard that she attributes in part to nearby apartment complexes. Resident Douglas Thompson cited an assertion that criminal rates rise near schools when apartments are built adjacent, a figure the police chief said he could not verify without running data.

City legal counsel cautioned council that testimony about land acquisition, auction details and private land swaps was outside the quasi-judicial scope of the SUP decision and should not factor into the council’s deliberations. Councilors split on weighing school safety concerns against staff findings and the rule of law. Councilor Dittenburg moved to approve SUP25-7 for the 12-unit single building as presented and subject to staff conditions; Councilor Williams seconded the motion. The motion passed 4–2. Councilors Stoddard and Register voted against the project, and Councilor Register said he did not want a developer’s interest prioritized over the safety of children.

The council record shows two written public comments received since the prior hearing expressing opposition because the site is adjacent to a school. The staff report listed no agency concerns and found the development consistent with the comprehensive plan and zoning standards.

By approving the permit, the council authorized staff to process the SUP according to the conditions in the findings of fact and conclusions of law. Legal counsel and staff will handle ministerial follow-up steps required by the special-use permit process.