Hearing examiner recommends approval for Canyon Crossing plan to convert all lots to duplexes amid neighborhood opposition

The City of Caldwell hearing examiner on Dec. 3 recommended that City Council approve a preliminary plat and a development-agreement modification allowing all 20 lots in Canyon Crossing Phase 2 to be developed as duplexes, producing about 40 dwelling units on a 5.57-acre parcel at the southwest corner of Saringa Lane and South Florida Avenue.

In a staff presentation, Morgan Bissau of planning and zoning said the property is zoned R-2 and that the applicant MTP Acquisitions 460 Florida LLC is proposing to convert previously approved single-family lots into duplex lots. "The applicant is requesting with this preliminary plat to turn all 20 of those lots into duplex lots," Morgan said, noting duplexes are a permitted use in R-2 but that a development-agreement modification is needed because earlier entitlements lapsed in November 2022. Staff reported the proposal equates to roughly 7.2 dwelling units per acre and that internal departments raised no objections; staff also provided one late public comment in opposition.

Neighbors who testified said the change breaks a long-standing compromise and raised concerns about crime, traffic and unfulfilled developer promises. Sue Cushlin, who lives across Saringa, said the neighborhood had accepted a prior plan of "15 homes and 5 duplexes" and that the developer "has never done what he agreed to do." Phyllis Jewett said residents had experienced graffiti and police/SWAT responses near Phase 1. "He's been told to put in [a] play area for the kids. He has not done that," she said. Terry Koehler, another nearby resident, cited petition activity and meetings dating to 2015 and asked whether the neighborhood had legal recourse to require the developer to build the earlier plan.

Applicant representatives said most infrastructure is already installed and that remaining items are administrative paperwork. Elizabeth Kekritz of Givens Pursely told the hearing the preliminary plat is substantially similar to the 2016 approval and that "most of the conditions have already been met." Owner John Giuliani said delays were driven in part by COVID and business growth and pledged to finish the work, saying, "I'm mindful of the neighborhood, but I'm real sensitive to the person that has a domestic disturbance issue that they're dealing with." He added the remaining work is largely documentation and final engineering approval.

Examiner Sabrina Durchi closed public testimony and said she must rule based on zoning, not neighborhood conditions: "I have to solely look at the zoning code, and duplexes are allowed in the R-2." On that basis she said she would recommend approval of SPP24-4 and DEV24-8 to City Council.

What happens next: The hearing examiner's recommendation goes to Caldwell City Council for final action on the preliminary plat and development-agreement modification. The record includes written conditions of approval in the staff packet that the examiner said she would attach to her recommendation.

Sources: Public staff report and oral testimony at the Dec. 3 hearing before Hearing Examiner Sabrina Durchi, including statements by Morgan Bissau (planning and zoning), Elizabeth Kekritz (applicant counsel), John Giuliani (owner/applicant) and multiple residents who testified in opposition.