City Council - Regular Meeting

We good? I'd like to thank you all for coming tonight and call this meeting to order. Like to welcome you for joining us in person. Then also um everybody out there on YouTube. Um first on the agenda is the invocation which tonight will be offered by Paul Schulga of the Christian Faith Center in Caldwell. Please stand if you're able and join us in prayer. and then the pledge of allegiance.

First of all, I want to thank our city council and Mayor Eric Phillips for keeping this long-standing tradition going of beginning in prayer. How important it is to make room for God to speak to our hearts and to guide our plans. There's a scripture I'm reminded of in Proverbs 11:14, and it goes like this. Where there's no guidance, a people fails. But in the abundance of counselors, there's safety. Moments like this matter because there's decisions that are made here that shape the lives of many. Leadership is more than policy. It's stewardship, seeking wisdom, listening well, and acting for the good of others. Let us pray. Father, we thank you for the opportunity to gather today. We ask for your wisdom, clarity, and unity to guide every decision made in this room. Give these leaders discernment to serve with integrity, humility, and a genuine desire for the good of the people. Bless this city, its families, its future. Bless the police department, the fire department, and all other emergency services. Let all the Christian institutions, churches, and schools work together to make peace and prosperity of our city happen. In Jesus name we pray. Amen. To the flag of the United States of America and to the stands, one nation under God, indivisible, with liberty and justice for all.

The next item on the agenda is the roll call. Will the clerk please call the role? Oh, she's not here.

There she is.

Councelor Tilmont here. Councelor Stoic here. Councelor Register here. Councelor Williams here. Councelor Algood here. Councelor Denber here.

Okay. So, the next is the conflict of interest declaration. Are there any members who have a conflict of interest to declare relating to any item on tonight's agenda? Okay, seeing none, we'll move on. The next item on the agenda is a proclamation recognizing f fallen firefighters memorial week. Whereas the city of Caldwell recognizes the annual National Fallen Firefighters Memorial Service as a time to honor the firefighters and emergency services personnel who have sacrificed their lives to save others. And whereas an average of 80 firefighters courageously make the ultimate sacrifice in the line of duty each year. And whereas firefighters and emergency services personnel play an essential role in protecting life and property within our local community. And whereas it is vital that we continue our efforts to reduce deaths, injuries, and property loss resulting from fires. And whereas April 26th through May 3rd, 2026 is designated as a week of remembrance for fallen firefighters honoring their service, sacrifice, and the loved ones they leave behind. And whereas the National Fallen Firefighters Foundation's Light of Light the Night for Fallen Firefighters campaign encourages communities across the nation to illuminate homes, businesses, and public buildings in red as visible tribute of honor, remembrance, and support. Now therefore, I, the council president of the city of Caldwell, call upon all citizens of Caldwell, as well as all patriotic, civic, and educational organizations to observe May 3rd, 2026, in recognition of the dedicated service and ultimate sacrifices made by Deputy Chief Brad Troski Johnson and the Caldwell Fire

Department along with our nation's firefighters and emergency services personnel by lowering ing the American flag to half staff. I further encourage our community to participate in the light the night for fallen firefighters by lighting homes, fire stations, and buildings in red from April 26 through May 3rd, 2026 as a symbol of remembrance and solidarity with the families of the fallen. I do want to note that there is not a proclamation to give you tonight do because the mayor is not here so he has not signed it. But I want to recognize um Brad's family um Cody Trosky and Karen Johnson. Do you want to stand up? So we thank you for being here. Um and the mayor will get it signed and to you. Next on the agenda is a discussion of recognizing sexual assault awareness month. Tonight we will hear representatives from advocates against family violence about why this month is important. Good evening members of city council. During sexual assault awareness month and child abuse prevention month, we are reminded that behind every statistic is a child, a family, and a survivor whose lives have been deeply impacted. These issues are present in every community, including here in Caldwell. And addressing them requires awareness, education, and action. By supporting survivors, strengthening families, and investing in prevention and early intervention, we can help break the cycle of violence. I encourage a continued support for local organizations and partnerships that

provide critical services. And thank you for your commitment to making Caldwell a safer place for all children and families. At this time, I would like to introduce Brooke Ruiz. She is a junior at Thomas Jefferson Charter School here in Caldwell and she is also a child care advocate at Advocates Against Family Violence. Hello and good evening everyone. My name is Brooklyn Ruiz and I am a junior at Thomas Jefferson Charter School here in Caldwell and I also work as a childcare advocate at the Hopeland Learning Center under Advocates Against Family Violence or AF. I am the youngest person who is working in the company as of right now. I am 16 years old, but in my time and my work, I've witnessed two conflicts that communities face far too in the dark far too often. Sexual assault and child abuse. In my work, I have seen up close how sexual assault affects an individual, not just in the moment, but after and how it can affect someone for the rest of their lives. I have seen firsthand that it is extremely difficult for many individuals to have the courage to speak up and take a stand for themselves. Throughout my time working in this company, I have learned that healing does not start with paperwork, explanations, or accusations. It starts with how someone responds when an individual has the immense bravery to say, "I'm not okay because this happened to me." I have learned that through AF alone in 2025, 381 victims of sexual violence reached out for assistance and 250 of those cases were teenagers, people who were my age and just like me and people I interact with on a day-to-day basis. Sometimes survivors are are easily met with doubt and disbelief, questions instead of care, and silence instead of support. I have learned that some of the deepest wounds don't just come from the attack itself, but it can come from the why questions, the judgment and/or denial from those who are supposed to be your biggest supporters, which is why there is hesitation to report abuse. I have learned that Advocates Against Family Violence provides support and

services that aim to find people in their darkest moments. At AF, we don't hesitate, we don't accuse, we don't assume, we believe, and we offer a safe place for survivors and an oath that we will not leave their side. I want to emphasize that support really does take a village. Survivors are not another number added to the tally. They are people who need help. Help from you, help from me, and help from us. At AF, we are building a better future and ending infinite cycles of assault and abuse. At AF, we've all pledged to start by believing. And I encourage everyone to start by believing because the survivors road to healing does not start with proof. It starts with when we choose to believe. Going back to my job as an advocate for children, I began my work with AF roughly two years ago. If you would have asked me two years ago why I wanted to work with kids, I would have said something simple like I just needed a job. However, it is not so simple anymore. And the meaning goes far beyond having a job and a paycheck in hand. When you spend so much time around kids, you start to notice the little things. The ones who flinch too fast. The ones who are a lot more quiet than normal. The ones who zone out when they would normally smile and laugh. the ones who hold on to you just a little longer than normal, like they don't want to let go of feeling safe. The hardest part of all of this is realizing that for some kids, that feeling simply does not exist anywhere else. Not every child goes home to safety, comfort, and love. Not Not every child has someone who listens and cares. Not every child gets to just be a kid. And they don't always say it out loud. Sometimes it's in what they don't say. Sometimes it's in what they're afraid of saying. And that is what changed everything for me. Because child abuse prevention isn't loud. It's quiet. It's paying attention. It's noticing what others might miss. And it's choosing to care even when it is uncomfortable. Because for some kids, one person noticing could be the difference between staying silent and finally being seen. And the scariest part, there are kids out there right now

who are just waiting for somebody to notice. Sexual assault and child abuse thrive in darkness and disbelief. We cannot wait for proof to offer compassion and support. We must choose to believe first. My name is Brooklyn Ruiz and I have pledged to start by believing and I invite you to join us in this fight to replace silence with action, doubt with support, and darkness with light. Thank you for your time. Thank you so much. Does anybody have any comments? Yeah, I do.

How's our police department working with this uh situation? You satisfied? Need improvements? We work really well with the police department. We have a partnership and work directly with um Liz quite often on on cases. They refer over and then we also refer and work with the police department. Okay. So, the communication is going quite well then. Very well. Yeah. Okay. Great. Good to hear. Thank you. Yeah. Thank you.

Next on the agenda is audience participation. Um each person can speak for three minutes and there is a clock behind us. So the first person on the list is Robin Deor Majori. Okay. Mayor Phillips reached out to uh Robin and asked her personally to come and talk and she was unable to. So she wrote a letter. she did send um to the mayor and to the council president and the clerk that she gave me permission to read her letter. So, I'd like to start now with my three minutes. This and I'll give a copy to each council person. This letter is to our current sitting council members, Mayor Eric Phillips, Caldwell Police Department, and Caldwell Street Department. I was encouraged to write this letter to you even though it will probably fall on deaf ears with the exception of Diana Register and Mayor Phillips. I ask that you look up from your computer screens and papers and really pay attention. I know you are probably tired of hearing about this situation because of the numerous emails and letters I have sent to you, including ex Mayor Jarm Wagner, who never responded. Most of them have gone unanswered, including one counselor who am whom I have yet to hear from. I voted for that counselor thinking he would make good on his promises, but soon regretted my decision, especially after his vote on the quiet zone. Mayor Phillips has responded several times addressing his concern. I have sent well over 200 videos to traffic enforcement over the last two years about the speeding on Larch Street between Indiana and Illinois. We've been trying to address this problem with the city for the last 20 years. Speed limit signs and

children at play signs were put up but are ignored frequently. The only one I can give credit to is Officer Eldridge. He has helped me more than anyone. He stopped a driver driving 55 miles per hour on our 25 mph street, but only after I sent him numerous videos and established a time frame that he could observe him driving recklessly. That man who lives on Montana continues to drive to this day at that speed on our street as well as many others. The street department came out years ago, but after the traffic had already peaked, a council member who is no longer with us came out to observe the traffic, but at one of the slowest times of day. When the radar trail trailer was working and parked out on the street, the highest speed recorded was 60 mph. The radar trailer is ineffective because drivers purposely speed to see how fast they can go. There have been animals hit and property damage done by vehicles. A neighbor down the street had his garage door taken out by a high school student driving recklessly a few years ago. We've had cars drag race each other down our street and we've had cars pass each other going the same direction on our street as well. All of this has been reported and still no solution to the problem. We have small grandchildren that would love to go out and decorate the sidewalk and driveway with chalk, but I'm afraid to let them go out. I'm afraid that a speeding vehicle might lose control and hit one of them. I observe little kids that ride their bikes on the sidewalk, and I hope and pray they are safe. I have asked for speed humps, but was told no because of emergency vehicles and snow plows. Our street hasn't been plowed since snowmageddon in 2017. Emergency vehicles have no problem navigating the two dips at the west end of the street. One more dip in the middle of the street close to us isn't going to hurt anyone but the drivers who continue to ignore the speed limit. Terrible. I'm going to stop you

right there just because we've got to three minutes. Is there How much more do you have? Uh two paragraphs. We'll probably have to wrap it up because we have a threem minute timeline. But I do she did want to say thank you and she looks forward to a solution in the near future and it's from Robin Dela Major. And I do have a copy for everyone. I do think that um you can give a copy to the city clerk to enter it into record. Um and then it will be in the minutes and we'll make sure the mayor forwards it to the right place. Thank you. And then it looks like Jean, you're next on the list.

Okay. For really me. Good evening, Jean Kriedring. Repeatedly, citizens speculate about under the table or backdoor deals. Well, thanks to the leaked Roger Brooks email, it is evident that this is true. I am concerned that the taxpayers paid for an unprofessional consultant that considers the citizens cockroaches and minions. I truly feel for Char and the venom he spewed. But as a council, you should be concerned that he had his Fab Five secretly trying to tie up real estate. To quote him, quote, "These properties need to come into public ownership for the development of the downtown parking structure. This needs to be done before our plan come becomes too public." End quote. All part of his February checklist. Interesting that he was moving forward in January as if the plan was a done deal. He already has a Spokane firm to design, permit, build, and finance the conference center, public parking structure, and the wine and culinary center. Isn't there an RFP process to follow? In addition, I thought a previous gripe was that we keep bringing in outofstate developers and builders instead of within our own backyard. According to theou, there was supposed to be community outreach and engagement such as public open houses, surveys, online availability for public comment, social media, and public visioning. There were supposed to be three or more atlarge residents living within the study area, a student body representative, and various individuals from surrounding or affected entities. None of that ever happened. It's my understanding that the plan is being presented in June. Yet theou was never followed. On February 5th, Travis Palmer said, "Coming soon to nearly every deficiency of theou two and a half

months ago. Honestly, the city should demand a refund and not move forward with someone so unprofessional in his lack of following anou and bad mouthing the citizens and staff. I understand that he posted a public apology today. However, if one of your employees posted something as egregious as his leaked email, you they would be fired. Within his apology, he claims he was pulled into the quiet zone debate. Yet, in his leaked checklist, he detailed what needed to be done to make sure the quiet zone was approved. Destination Caldwell distributed an eightoint checklist titled quote according to Roger Brooks downtown destination planner downtown businesses should support central Caldwell rail quiet zone end quote. Similarly, they had a form letter for businesses to submit. If you approve the plan or ask him to come back, you are condoning his words and actions that would honestly reflect poorly on this council. I've done several public records requests. I will share too that I read the email in which Roger Brooks picked apart the URRA board declaring who was worthless and who should be removed or should who should ought actually be served on the board. Another example of his unprofessional demeanor and I'll go ahead and stop there. Thank you.

Thank you. Okay. And the last speaker is Dale King. Good evening, city council members. I come to you this evening extremely disappointed in the fairness of Caldwell right now. And what I mean by that is I came to you uh city council members back in January talking about quasi judicial matters and keeping matters quiet amongst yourselves and to the public. Those items need to be addressed within city council and at city council only with discussions, hearings, and testimony given to this information. With that, I will quote the current mayor that is posted less than 20 hours ago. Wait till you see two annexations requests coming in May. He's talking about the service infrastructures and all that good stuff. This is two quasi judicial matters with a elected official. If I was one of these two individuals that were permitting for this, I would pull my matter and take it to legal. This is the second time I've asked Oscar to stop this type of contact as it's going on now. The mayor needs to think about legal and quasi judicial matters that need to be heard here in city council and not having discussions in a public forum before any type of testimony is given. Any developer, whether they are local, foreign, or have large investments within this community, deserve the right

to come to city council with fairness and availability. Right now, that is not the case. I can't stress how urgent this is, especially for this particular city council. Thank you. Thank you. Next on the agenda is approving the Oh, sorry about that. Um, I believe, Madam President, I just curious, have you got some details on uh which one of those projects was discussed?

And is is it on tonight's agenda or It is not. He stated, "Wait until you see two annexations request coming in May." He's flat out telling people his stance, his point of view, and that it's a joke that they're actually coming to the council. And that was between a couple of city councilmen. You're saying no, this is posted online from your mayor who is an elected official. Oh, I see. Has a vote if there is a tie for the board and is actually telling how he's going to vote and trying to persuade city council members. That is unethical. Okay, thank you.

Okay, next on the agenda is approving the consent calendar. These are routine items that are grouped together to be approved in one motion unless a counselor moves for one or more items to be removed from the consent calendar and considered separately. I would entertain a motion to approve the consent calendar. So move second. So, it has been moved by councelor Stoddic and seconded by councelor Algood to approve the consent calendar. Madame President, we're having technical issues, so I'll call the role on these. Thank you. Stodd. Yes. All good. Yes. Tilont, yes. The register, yes.

Williams, yes. Uh, oh my gosh. Denver, yes. Okay, so that's approved. Um, so we'll move on to old business and the first item is an action item to consider an appeal filed by Miss Lockach, property owner of 814 Trailside Drive. Miss Lock is approve appealing, excuse me, L.

Okay. Um, to consider an appeal. She's appealing the intent by code compliance to abate shrubs located on her property. The council may affirm, withdraw, or modify the order to abate. And first, we'll hear from the city attorney who will discuss the process for the council's consideration of this appeal and how it could be decided.

Thank you. Thank you, Madam President. Uh I I just wanted to give a since these are so rare for the council, we thought it wise for me to give a little bit of an overview of what the council is going to hear on the appeal and how it'll be handled. Also, as a as just as a matter of of housekeeping, the appellant has asked if I will read her written statement that's already been supplied to the city council and that will be her argument for appeal. Uh after that, there'll be an opportunity for the council to to ask staff questions about the appeal if you so choose and then to take up the item if that if that makes sense. Um the as already stated, there are three options for the council on appeal. The council can affirm the order to abate, withdraw the order to abate, or modify the order. And with that, I will go ahead and read the the letter that was submitted by the the appellant. U and my apologies. I just received this, so this will be my first read through and it's handwritten. So, please please grant me your grace as I go through that. Okay. Um, it begins in response to the letter dated February 24th, 2026 and received on March 2nd, 2026, uh, a case number 2600714. I explain the following. I have lived in Caldwell since 1998 until um at until now at 814 Trailside Drive when I purchased the plot and build the house. I signed a commitment to respect the future subdivision regulations which come into being almost a year later. From the moment we moved in, I was one of the first residents. We began transfer houses into um I I apologize. It's in the record. It

was a big expense, but we all longed for a normal life. I plant I planted um a grass, fruit tree, bushes, and ornamental shrubs around my property. And I topped it off. I covered all three-foot white vinyl with a three-foot white vinyl fence, which cost was $7,000. The neighbors also began transforming the y the yard earth into a more humanlooking grade as soon as everything was green. Our dreams come true. We formed friendships that I hope exists to this day. I haven't broken any regulations of the subdivision. For years, no one questioned the existence of my trees. I'm hearing many compliments. A beautiful smell from my garden spreads far from my property. Previous city officials had no complaints about my property. Now, after the election, the city officials have changed with a sudden surge of intent in 814 Trailside Drive. Today the city does not meet or does not meet or expect or respect our agreement. It imposes its own regul regulations observing our pe disturbing our peace of mind. Try to model the subdivision to its taste without concerning residents and applying the law um backward I think is what that says. Furthermore, by meeting to the people of the city, it is going against residents. But the city has forgetting its history. But we the people remember at the time since 1998,

the quote town end quote of Caldwell look completely different than it does today. Very, very different. For example, the streets had no sidewalks. They walked on the streets in cars driving each and for back and forth. This situation lasted for quite a long time. My question now is when did you create the the regulations you are referring to in 2026? But for stopping this problem behind residents of the city, I think such is a wise solution. I travel around the country and I spoke with the traffic police who supported my solution is its installation of quote street mirrors end quote at the problem area so the problem be immediately solved at minimal cost for the city of Caldwell. I think that the solutions and goodwill should result in a positive decision. Thank you. Um trees are the lungs of the world. sincerely the appellent. So with that, that will that will suffice as the the written submission and argument of the appellant. If the council has any questions, I direct them to staff.

I believe we're going to hear from Morgan Bau now. So why not Morgan? Do you have a presentation to give? Um Morgan B planning and zoning. No, we do not have a presentation. Um the presentation was what the the attorney provided, but there was a packet that had um the letter as well as some additional information following the whole code of enforcement process and the intent to abate as well as some photos and an aerial site view. Thank you,

Councelor Alga. Morgan, I I assume you're handling this. Um if I understand the packet right, we have done this new before many times before. We we've had this situation with this particular shrubs on this particular property. This did happen one other time approximately 10 11 years ago. That is correct. And that was appealed back then. And then at the time um that this happened 10 years ago, there was an appeal at that time as well. And council uh chose to affirm the abatement at that time.

Right. Yes. Yes. Okay. And um I I thank you. I um I assume she understands the 40ft tri vision triangle at any intersection. That's been explained. It was in the letter. The the reason for the abatement, the intent to abate was provided in the letters. Okay. And that's that's the crux of the problem is a 40ft vision triangle at an intersection. That's correct. So it's not a request to remove all of the arborvite. It is just the arborvite within the vision triangle. Right. Right. Thank you.

Any other questions? So um she was going to be given time to speak and then it sounded like instead Oscar ran the letter but I of course she can come up. Did you want to come up and speak? Yes. Okay.

Like good evening. Like uh before me somebody reading my letters I like it ask I have exactly one question. Why you guys not like it installation miron on this place where is problem? Trust me wrong. Everybody on the world say is important is green air oxygen. Uh when we have a situation like this you just looking for one weight like communist people. Cut cut cut. Not working with us. Not working for people. You make situation like direction to us. I'm not communist country. I'm not communist. I'm live America. I love this country. And I'm free. I respect constitution. President Trump say we have we are free from speech. We are free people. So I like it. Understand why you guys attack me? Why you attack me? Please tell me why. Why you not working with me? I buy this houses. I pay money for this. I try to be very nice neighbor. And right now I have a situation where where just I don't have a voice. I don't have a I can't to say anything. Why is like this? Do you do you understand do you understand the law on a 40 foot on a vision triangle at an intersection?

Where is the man to me? I not 40 foot each direction. Me. Uhhuh. Good. Do you understand that nothing can be too high or too low to to inhibit traffic at an intersection for a 40ft vision triangle? Do you understand that? You make me confused. Do you hear what I say? You why you installation problem be gone? Why you don't like it? This is answer. No, it's not the law.

No, you don't respect my question and you don't respect me because it's just me wrong. Like I talked to police on the street that the street police, they know very well the law. They saw million things happen to to to to every day. Is is is solution very good? Put the miron on the next to street. It be problem be gone. Not just gone. Okay. Thank you very much. We're going to chase. Thank you very much. Okay. Any other any further questions for um her or I guess we'll go ahead and have staff questions or any discussion

and people I'm I just one thing be not direction. We are different country. We have a freedom. We are free people. Yes. We can to have a different opinion. But you don't have you don't you have to forgot the direction to people. Thank you. This is America and I'm very good American. I think I do everything for this country. I make lots of money for donation for every organization. Even I have a five notes from information is I'm first in the codwell who pay donation for organization. I'm very good person. Okay. Okay. No, I I tell you what how how good I am. Thank you ma'am. Thank you. I

I respect you be the same to me. Thank you. So, we appreciate your testimony very much and your um concern for your property. I have a couple of questions if nobody else does. I did have one first. I had one first. Go ahead.

One of the questions that was raised in what Oscar read was the question of when it was added into the ordinance. I wanted to verify that I'm reading it correctly that the items prohibited in the triangle falls under um six items prohibited and it looks like the ordinance under 2661 was changed in January of 2008. That is correct. Okay. So that's pretty much what we're using. Correct.

Yes. So the coach section the I apologize I don't have it in front of me but I believe when I pulled this up when we were doing our research that it was 2008 as well prior to the first incidents of an intent to abate in 2015.

Okay. So, I guess that was kind of my question, too, is if she planted before the code came into play, has she been grandfathered in or anything or no? Is it okay? I don't remember hearing um I don't remember what date they said that she planted the shrubs but but no so plants vision triangle those are safety matters that they would need to be

well I was just thinking if in 1998 when she bought the house if she planted and there was no code then would we then talk about the mirrors as a solution as opposed to having her pull out plants that didn't have restrictions then is what I'm was getting at so COD enforcement is not requesting that she pull out any of her shrubs. Just trim them to a low enough level that you can see around the corner. Great. Okay. All right. Perfect. So, at this point, we'll entertain a motion to on the appeal.

Madame President. Yeah. Councelor, I I uh I'm not quite sure how to read this, but I I would deny the appeal. Um the appeal to code enforcement to abate the shrubs on 814 trailside due to division obstruction. Division obstruction has to be mitigated. Is there a second? Um sorry. It would be I believe a motion to affirm the abatement. Correct. Yeah. Yeah. If if the if the motion that I understand from councelor Algat is to to go ahead and enforce the abatement action, it would be a motion to affirm.

That's what I'm making. Yes. Thank you. Okay. So, we have a motion to affirm the abatement by councelor all good with a second with councelor Denber. And we will do we are we ready for a vote? All good. Yes. Denber. Yes. To yes. Stoic. Yes. Register. Yes. Williams. Yes. Okay. So, that motion passes.

The next item on the agenda uh is an action item and a public hearing for case number SP25 0000009 Z250000005. The applicant ALC Architecture on behalf of Bennett Forest Industries Incorporated is requesting a reszone of a portion of two parcels from C2 to R2 to include a development agreement as well as approval of a preliminary plat for Ambrosia subdivision, a mixeduse subdivision with 8.42 acres of commercial fronting on Ustick Road and South 10th Avenue. The subdivision will also include 5.0 03 acres of single family residential, 63 single family detached lots with a density of 8.6 units per acre. The subject site is located on the south side of East Eust Road, approximately 275 ft west of the intersection with South 10th Avenue. The application was recommended for denial by the hearing examiner on Tuesday, February 24th, 2026. This is a quasi judicial public hearing and it is essential to follow the process to ensure the participants are treated fairly and respectfully and helping to inform the decision that is made. So first we will hear from the applicant or or their representative. They will have 10 minutes. We will follow up with staff on their report with the application and then public comments. Um there is a note here to provide your name and address. Speak into the microphone. You have up to 3 minutes. That again is shown on the clock on the wall behind us. Comments must be relevant to the application. Please try not to repeat comments made by others. Um and then after public comments, the applicant or

their representative will be given 5 minutes to rebute the public testimony. And then after that rebuttal, the public hearing is closed. No new testimony or other comments or information may be offered unless the hearing is reopened. So, first we'll hear from the applicant or their representative and you'll have 10 minutes.

Uh Jeff likes 1119 East State Street, Eagle, Idaho 83616. Uh good evening, Madame President and councel. Uh before you tonight is a reszone and a preliminary plat for Ambrosia subdivision located at the southwest corner of 10th and Eustic. Uh sites right there. uh Walgreens on the corner and it's about 16.56 acres. Uh the site is currently zoned C2 community uh commercial and that's the entire 16.56 acres. Uh we're proposing to reszone the southern 8.84 acres to R2 and then the northern portion of that will remain uh C2. Uh the reason for the reszone is in a C2. It's a community commercial area. This site is a little deep for what we call neighborhood commercial. Um and so we are still proposing commercial along 10th which is off to the east and then along the north which is used road. So we're just reszoning the the southern portion there. Um, with that we're asking for 56 uh single family residential lots. I think the write up said 63, but it is 56. Um, and seven commercial lots. Uh, we reduced that number uh to 56 after our hearings examiner hearing as well based off of uh comment from the neighbors. Uh, kind of help appease them a little bit too. Um so the area that we have revised is the area in the outlined in red there. Um during the hearing examiner hearing, our first hearing, those were 40 foot wide

lots. Those have now been revised to 50 foot wide lots. Uh the remaining lots Oh, that doesn't work. The remaining lots to the north there um are all 40 foot wide lots and the three to the west are also 40 foot wide lots. Let me give you some breakdowns here with this layout. Um we are 39% commercial, 37% residential, 22% of this will be right away uh or roads and uh 1.8% is common space that's in there. We did hold um a neighborhood meeting. Uh the first one was held August 28th that was on site. Um we had about 19 neighbors show up. Uh most of it was it was good conversation. It was no anything that was out of the ordinary. Um we felt like we had a good project. Uh came to hearings examiner. Uh neighbors were concerned that we had 40 foot wide lots or um against their single family lots to the south. Uh which is why again we've revised them to 50 foot wide uh just to allow a little more space. um in there as well. We also held a second neighborhood meeting um on March 24th. That was a voluntary meeting on us after the hearings examiner. Um with that, um I am sorry I was not there, but our developer was there and if questions come up on that, Travis is here and he'll be able to speak to that meeting. Um but he has told me that that also went well uh with the neighbors. Um kind of alleviated some concerns. uh

they've addressed it. They do kind of appreciate the 50- foot wide lots there. Uh surrounding uses here, both uses, there we go. Uh both the uses here are C2 and R2 zones. Um to the north, to the east, uh the north is an R1 single family residential zone in Canyon County. Uh the south is C1 commercial, east is C1 commercial, and the west is community commercial as well. Uh near the site, our site's currently vacant land. We have single family homes to the north, single family homes to the south, uh and some commercial, Walgreens, Walmart, Maverick, all to the east. Um zoning wise, uh there's the community center is what we're we're zoned at. Uh the north is also community center. Uh the south is neighborhood two and the east and the west is also community center. So what we have uh proposed is complement to those uh place center types there. Um the comprehensive plan uh dictates that um this wants to be 8 to 15 dwelling units per acre. Uh we understand that we are under that and we are proposing to be under that uh to a 6.8 dwelling units uh per acre and so we asked you guys to consider that. Uh we've done that one is we think it's too dense at an eight to eight to 15 dwelling units per acre. Um so to kind of help transition into from single family homes up to the commercial um that's what we proposed there is our 40 wides with a 6.8 dwelling units per acre. Um, in this I guess in in our neighborhood meetings and in the the hearings that we've had with the hearings examiner,

uh, neighbors have brought up that they do want commercial to stay on this site. Um, we I don't know if they understand what can be there. So, I'm just going to list a few uses that can be there. So, we're not saying these are appropriate uses for the site, but these are uses that can can be outright uses in the C2 zone. Um, an automotive car wash, um, a commercial animal kennel, a flex space with overhead doors facing south, a lodging, boutique, hotel, restaurant, limited services, which includes drive-throughs, uh, and retail sales up to 80,000 square feet per building. at an 80,000 square foot per building, we can fit about three or four of those on this lot. Um, which again are about 25 30 feet high. That's our max height. Those have um loading docks, loud noises, and so we're trying to not have that beyond this site. We're trying to do neighborhood commercial up front with with the residential behind. the public utilities um will extend from Walgreens to the north on our east all the way down to the west all the way through our site. We're extending the road south as well there on the west and then we'll be extending the the road on the south of Walgreens south of our site down to 10th um all the way down there as well as well as utilities um in there as well. Those are sewer main lines that run through there as well. Um full access is off to the east. Uh right in, right out will be in the center of the site on UTICK. Right in, right out will be as far south on 10th um as possible as well. Here's the residential landscape plan. Um just working around there. We've got common space in the middle and then a

big common space uh in the southeast corner, southwest corner, excuse me. um as well there. And here's just some open space charts. I'm sure you've read those. Um with there uh we we are over I guess we'll call it over planting the trees, over landscaping which is required there. Um eight trees are required. We're providing 13 along certain areas. So, um, this is an example of the residential, uh, houses that could go in there on the south as well for those, um, lots that we're proposing. And so, I appreciate it and I will stand for any questions. Councelor Algen.

Yes, sir. Um, roughly looking at your outlay of houses about what kind of square footage on on houses are we talking about there? How big a house are we talking about there? Roughly you can get about a 18 to 2200 square foot house uh on those lots on the on the 40 wides. Sorry. On the 40 wides. And how big a lot is that square footwise? It's a 40 4200 square feet I believe. 4200 square feet. Yeah. Yeah. And they'll they'll all be individual. They're not connected.

They are all individual lots, not connected lots. Correct. single family lots. Yeah. And I should say the the 4200 or 4,000 square feet lots are are the 40 wides. Um the 50 again are 50 by 104. So they're going to be about 5,000 square feet on the on the the lots on the south. Question. Thank you. Councelor St. Uh question for you on the Cumberland subdivision there that would border this property uh on the south. Are they single family singlestory homes or what are they?

Uh madame president counselor they are single family homes and I believe they're all single family sorry single story along there as well. Okay. And the and the ones that you're proposing uh twotory homes. We're actually I I am not a builder. Um we are getting a plat done and then whoever comes in and builds will do. And there was a picture here of your homes. It looked to me like it was twotory. These are twotory. Our example homes are twotory. But we're not saying what's going to be built where. Um but typically twotory homes. Yes. So there is a chance that there'd be twotory homes budding up against the uh Cumberland singlestory family homes. Correct. That's correct.

Okay. Thank you. Um, I just have a quick question. Um, so you're just platting this. You're not building on it. So, is there any chance that this could be built into um duplexes or apartments or anything like that? Uh, Madame President, with the plat they are platted as single family homes. So, they would stay without doing a replat, they will stay as single family homes. Okay. Thank you. I guess that's it. Okay. Okay. Thank you.

Okay. So, next we'll have the staff report. Thank you, Madam President and councel. Kitty Wright, Planner 3, 205 South 6th Avenue. ALC Architecture on behalf of Bennett Forest Industries, Inc. is requesting a reszone of a portion of parcels R32582 and R32581 from C2 to R2, as well as a um approval for a preliminary plat for Ambroious subdivision, a mixeduse subdivision with 56 single family homes and 6.21 acres of commercial. The subject property is 16.57 acres located at the southwest corner of 10th Avenue and Ustik Road. The subject parcel is currently being utilized as farmland. The property is surrounded by residential to the south, commercial to the east and west, and Ustik Road to the north. On the north side of UTI, there is a larger residential larger residential lots. In 2001, parcel R32582 was part of an application to annex 76.5 acres A&N501. The subject parcel was annexed with the initial zone C2 along with the parcel where Walgreens is currently located. The rest of ANN501 is not part of this application. Also in 2001, parcel R32581 was annexed into the city with the initial zone of C2 NN5601. At the time, this parcel had a single family home that has since been demolished. The parcels are currently located within the city with the C2 community commercial zone. The applicant has requested a reszone of the southern 8.84 84 acres from C2 to R2 and will keep

7.73 acres zoned C2. The site is 16 and a half acres and is located in a largely developed area in which municipal services are already available. The applicants proposing a mixture of single family residential detached and community development are commercial development along the arterial frontage which conforms with the purpose statement as specified within the Caldwell city code for R2 community residential zones and C2 community commercial. The proposed density of 6.3 dwelling units per acre is less than what's required by city code and this uh which requires 8 to 15 dwelling units per acre. The parcels located along the key corridor overlay. The purpose of this overlay is to connect people and help them move through the city is but also serve as a distinct place that is high-profile. They utilize streetscape elements with distinct landscaping signage or similar placemaking elements to create a sense of place as one moves along the corridor. As part of this project, the applicant is requested to submit design review for commercial buildings fronting Eustic and 10th Avenue. That includes building front buildings fronting the streets with parking in the rear specific street landscaping and elevations that meet design characteristics in the comp plan. The subject site is located in the community center place type within the comprehensive plan. The community center is a primarily low inensity commercial place type. However, it does allow for some higher density residential uses that can transition the commercial uses to surrounding residential uses. The requested R2 zone is a compatible zoning district within the community center place type. The comp plan also calls out this area as an area hub which is in uh encourages increased intensity and density of development. This should be focused around a large gathering space, park or similar uh major public amenities. Area hubs and community centers should be three to five stories

in scale at this at their core and then transition in intensity and scale from surrounding uses of less int where less intensity should be included. The large scaling of the building is not codified. So this is not required by code but the building scale will be reviewed at time of building permit to be compatible with the surrounding areas. Staff has recommended a condition for the applicant to depict a public plaza/gathering space on the plans at time of design review. The preliminary plat request is for 56 single family detached lots. The project also proposes 6.21 acres of commercial. Prior to the hearing examiner hearing, the applicant reduced the number of single family detach lots from 63 to 60 to provide additional open space. After the hearing examiner recommendation of denial due to lack of transition, the applicant modified the plans to go from 60 to 56 single family detached lots to address the neighboring the neighboring residents and the hearing examiner's concerns about lot size on the southern boundary. The reduction of the four residential lots allowed the applicant to increase the size of the single family detached lots that are along the southern boundary from 40t wide to 50 foot wide lots to provide a smoother transition from the larger lots to the south um to this proposed development. 10% open space is being provided at 98 93 acres where 10% is the required minimum. The development will have the right uh have right-in rightout access off of Eustic Road to the commercial portion and right-in rightout access off of 10th Avenue. There will also be an access from Kimble Avenue along the west boundary of the site which will be a full access. And due to the size and scope of the development, a traffic impact study is required prior to plans review. The applicant is requesting the proposed uh reduced density of 6.3 dwelling units per acre be allowed through the development agreement because the proposed project still serves the intent of the comp plan in the code providing a smoother transition from the larger residential lots to the south and the commercial that's required along 10th

and ustic to fit open space in the commercial uses on this site. It'd be hard to meet the density without going below the allowed lot size for the R2 zone while keeping the single family detached product type. If the development agreement is approved, the proposed project meets code requirements. Sorry, a little behind. There you go. All utilities are available or will be made available to serve the proposed mixeduse development. Political subdivisions, including school districts, were notified and provided opportunity to comment. No agency commented with concerns. Public notices were sent to all property owners within 500 ft radius of the property. Ray and Sherry uh Marcola commented in opposition stating concerns regarding the density, the residential uh being prioritized rather than the commercial and the potential danger of the stub street leading to their backyard. Linda Davis uh commented in opposition due to the density of the housing um and that it will be two stories. This uh has uh oh, sorry, I apologize. Jeff Allen commented in opposition due to his desire to have the uh property remain commercial but that if the reszone is approved that the southern residential lots are limited to singlestory homes and Laura Shannon commented in opposition requesting that the homes shall be restricted to single family and a development agreement shall be put in place to ensure the uses that will be located on this property. She also wants the commercial uses to be built first and that adequate parking be provided. And then there were two late comments provided. Uh the first was submitted by David Croll in favor of of the project with some suggested restrictions that homes be limited to twotory uh with windows only on the north side of the second floor bordering Cumberland. And the second com uh late comment was submitted by and I apologize uh sher

Travis Ellis in opposition due to desire to keep the parcel commercial um traffic concerns, neighborhood safety and incompat incompatibility of multifamily in this location. The application was heard by the hearing examiner on February 24th and recommended for denial due to the lack of transition in lot size from the residential to the south to commercial along the frontage. As mentioned, the applicant has made changes to their site plan uh since that hearing and attempt to address these concerns. And staff's initial review found that the uh proposed project is in conformance with all applicable city codes approval criteria per city code and Idaho code, the adopted comp plan and future land use maps and all other adopted master plans and city policies. The city council has the authority to approve or deny applications based on the approval criteria within Caldwell City Code once they've reviewed the record and evidence and heard all public testimony. And thank you and I stand for questions.

Uh Katie. Yeah. The applicant listed a list of commercial projects that could go there. Was that that list pretty accurate? Madame President, counselor, that is accurate. C2 does have many varying intensity commercial uses that would be outright permitted um that would not necessarily need any plat or any other um public hearing type of entitlement. They could just hypothetically they wouldn't come back and see us. They could just build. Correct. So So this neighborhood could have a car wash next to it. I don't want to say for sure a car wash, but hypothetically something along those lines. Yeah. Okay.

Okay. I I just I just want to confirm that we were had the same understanding as is, you know, with with it staying commercial, we don't have any control of how that goes. That is correct. That is correct. Um and then if if this were to be approved, I I didn't care for the idea we wouldn't know what was going to be built there. If this were to be approved, would we see this again? Have some input again or is this is they are they just done? Madame President, counselor, if this is approved, this would not need to come back before you for the commercial uses. If that is No, I mean if it goes to residential, I apologize.

If we were to approve the residential portion, but as as the applicant said, he's not the builder, so he can't tell us what's going to be there. The concepts. Um, Madame President, counselor, we could condition things through the development agreement if there were certain architectural standards you wanted these residential homes to meet. Um, that's a possibility. Um, but otherwise for what the future builder may build, we're uncertain at this time besides the conceptual elevations they've provided us. Thank you so much. Appreciate it. Council Williams.

Thank you. Um, several questions here. There was concern about the streets and and where they end up. Um, but streets will be the same whatever goes in there. Is that correct, Katie? Madame President, uh, Councelor Williams, are you talking about the internal streets? Yes. Well, uh the stubouts anywhere where they where they come out at uh Sautera and where they come out on on Eustic and on 10th, those are already predetermined. Is that not correct?

Uh Madame President and Councelor Williams to an extent. So, uh Kimell Avenue, the the road that is on the farthest west side, that is already existing um going into the neighboring development, Satara. um the the southern stub over off onto 10th that could potentially be changed. I know there are spacing requirements that the city engineer could touch on. Um so I don't know if if that could be moved further north or not uh based on those requirements.

A question about traffic then. Uh 50 plus single family detached dwelling units. Typically what would create more traffic? 56 homes or if we had restaurants and supermarkets and car washes and whatnot because there's a concern about these homes creating more traffic. I I wonder if it's another neighborhood Walmart, which obviously wouldn't be right across the street, if that might generate more trips per day than 56 single family homes. Madame President, councelor Williams, I will defer that to the city engineer.

Um, Madame President and Councilman Williams. So, um, describing commercial traffic can be very can be tricky when you don't know what type of commercial is going to go into a development. And so, that was why, um, I did want to see a TIS to have a better understanding of what type of commercial is expected in this area. Um, to your point, 55 residential does not meet that TIS threshold, but we required it anyhoo. Um the residential traffic

can be less than commercial. It but the the t the timing of the traffic can depend on the time or I guess the time of day can depend on that amount of traffic. So when you have that residential typically you're seeing them using the roads during that rush hour. Whereas with commercial traffic, it's very dependent as to which type of commercial development is going into this location to determine if it's going to have a large impact to that rush hour traffic, which is typically what people care about the most. Um, so if it is like a general office building, right, you would typically see that that's going to produce similar type of rush hour traffic. something like the neighborhood Walmart, I would expect that their peak traffic hour is offset from the typical rush hour traffic. So, I I'm I'm stammering a little bit just because I don't know exactly what commercial development is going in there right now. And so that is why we do often continue to work with the developers on commercial traffic to say that we're not granting any driveway access on Ustick um or 10th until we know what that commercial actually is going to be. And so our TIS, that's why it's still under review is because we're still working through um getting a better idea of what commercial is going in in this area and specifically how that's going to impact the Ustick and Tenth um intersection to see if we need to have additional safety improvements at the intersection itself offsite from the development.

Thank you. That's very helpful. And then if I could one last question. It's uh related to the to the comp plan and the way we designed this is is that C2 um essentially is the same depth if you will as the neighborhood Walmart. When we envision that in our comp plan, uh do we uh do we envision more supermarkets in this area or car washes? I' I'd love a car wash there. It'd be a lot more convenient for me. Uh but what is it that we envision that we have this depth of commercial there because that is rather deep unless we're getting another supermarket there. Uh what what was what was the idea behind our our design for this?

Madame President, Councelor Williams, so the community center is more of a mixeduse place type. So it does encourage both commercial and residential. The zone just currently happens to be C2. Um so with that commercial uses specifically called out um it does talk about um kind of commercial retail uh professional office any of those things um as primary uses. Um I don't know if uh the director wants to touch on that at all but it doesn't call out specific uses necessarily. um more of just a a medium intense commercial area.

So, this wouldn't be a comp plan amendment if we did allow for a zone uh change. Madame President and Council Williams, that's correct. It would not be a comp plan amendment. It would just be a resone to change the zone um of a portion of the site that they're that they're requesting. and and both of those zones, C2, what it currently is, and R2, what they're wanting a portion of it to be changed to, are both compatible with the comp plan and what the community center calls out. Thank you, Councelor Dener.

Madam President, uh Katie, um so I want to chat a little bit about the uh the uh the hearing officer uh report. So the hearing officer uh recommended denial because of the transition between the commercial and the residential and so there was no concern about the transition on the south side between the existing residential and the proposed residential only between the commercial and the residential.

Madame President, Councelor Ditenber, um it actually was the southern lots. So those lots were each um 10 ft less wide um along that southern boundary and that was the concern there. Um based on what she expressed, it seemed that she wanted those to be modified to be bigger lots, slightly more compatible with the existing residential to the south. Um and so that is why the applicant um increased those lots quite a bit. Thank you, Madam President. Katie, was there any concern about two story versus one story at all by the hearing examiner?

Madame President, um councelor Sodic, not that I can recall, no specific discussion from the hearing examiner. There was public testimony making comments about single story rather than the twotory. Um, so there was that the public testimony portion of that. Okay. Thank you. Yes. I have a couple of questions. Um, so if I remember correctly, the property next door also tried to reszone and we denied it and that was also a reszone from commercial to residential. Correct.

Uh, Madame President, that is correct. it was m multipplex use rather than single family. That was the main difference for that development over there. Okay. And then just so I'm clear on how it all works again, the R2 would allow um multif family there.

Madam hearing examiner, they would have to come back. Sorry, Madam President. I apologize. Can you tell I'm used to I'm used to Can you tell I'm used to it? Um I apologize. Um they would have to come back before council since there's a development agreement. It will solidify these land uses for this for this site here. Okay. Um so they wouldn't necessarily be able to change it without coming back.

So that's my concern. Um and um I wanted So we've seen it before where a a lot will get reszoned and then sold and then somebody else comes in and says, "Oh, now we're going to do this." So that's what I'm trying to avoid is whatever this is that we're not going to know about and then it's an automatic use at that point.

So when I look at this neighborhood, I'm very familiar with it. Um, I do think sometimes about what kind of commercial would go in there and how that would benefit the properties behind because if it is a drive-thru or it is something that's very noisy or something that um isn't, you know, conducive to what that area wants to be like, we don't have any control to stop that, right? Mhm. So, I guess my other question is um is it possible to then on those homes um that are right that are going to be just north of Cumberland, can they be limited to singlestory in that um strip by the

Madame President? Um yes, through the development agreement you'd be able to limit those to single story on that southern boundary. Okay. And so then the approval would be for commercial in the front, residential in the back, singlestory closest to the Cumberland subdivision. And then if they if anybody wanted to come back and do anything but that, they would have to come in for a new approval. It would not be an automatic use to change to multifamily or anything along those lines. Madam President, that is correct. Development agreements we can't change administratively. They can't just decide to change it to another permitted use or anything. They would have to come back before you for development agreement modification.

Okay. Thank you. Okay. I think that's it. Thank you.

Okay. So, we will open up the public hearing for anybody that signed up to testify and they will have three minutes. And again, please start off by giving your name and address for the record. Um, also there's a note in here to remind everyone that this is a respectful public forum. We will now not allow applause, booing, cheering, or inappropriate behavior at tonight's meeting. Anyone who does that will be gave out of order. I don't know if you saw the bet going on Facebook and I've not used it once, so I am going to keep track. So, please, please don't make me do it. All right. So, we do have a signin sheet here. We have one person in favor who's chosen not to speak. Do I still read the name uh for the record? Okay. So, um, Holly Chatwood, it looks like out of Boyisey, um, is in favor, but does not want to provide public testimony. And then our folks that want to stay neutral, um, and have chosen to speak, Laura Shannon. My name is Laura Shannon. I live at 4707 Middlesborough Way. Uh good evening, Madame President and city council members. Uh the hearing examiner turned this proposal down because it left no transitional buffer to the existing Cumberland development and I attended that um meeting. I don't think she really designated what she meant by that, but just that it didn't match what was there currently. As drawn, each house on Cumberland's northern boundary would have two new

homes behind it. Not entire homes, but portions of two homes behind it. And these structures are slated to have a 15- ft setback from the property line. Please consider restricting those new builds along the development's boundary to singlestory structures with heights similar to those of existing homes. On page 36 of Caldwell's comprehensive plan, much of Eustic is designated as a quote low to mid inensity commercial place type that focuses on creating a destination for residents unquote. In reality, existing and future housing is planned for you stick with very little commercial development to service that housing. Um, and as far as that area being um, community center place type, I'm a little confused on what control the city or the community actually has on what goes in there because they state that in the comp plan that that is an area that's supposed to be a destination for residents. Um, and so if you put a car wash in that area, I'm not sure how that would align with what the comprehensive plan says for that area. Um, Cwell needs commercial development, and while our neighborhood would welcome a residential buffer, the land in question was earmarked for commercial use under the Nancolas administration. It is ideally located for accessibility near the corner of two key corridors and it's one of the last available parcels for such use in the midst of several established and upcoming neighborhoods. Please do what you're able to prioritize the commercial use of this area. Um, it seems the pattern for developers is to build the residential portions of their projects first and then leave a

weed patch where commercial uses were promised. If this project moves forward, would it be possible to require that the commercial parts of it be landscaped and built first? And finally, I'm not seeing much parking on the plan. Please ensure that there is adequate parking so stray cars don't spill over to area streets and neighborhoods and lots intended for future commercial use. Thank you for your time and consideration. I don't know if one of you wants to answer that. Can it be set where the landscaping of the commercial is first? Madame President, that could be conditioned that within the first phase of development, the street buffers be constructed.

So, we could say that they have to have single story in the back and they would have to do the landscape buffers first. Yes.

Okay. Thank you. Um, so we have Susan Croll and David Croll who signed up and only David will be coming to speak. Good evening, Madame President. Counselor David Croll, 4521 Pine Mountain Avenue. Um, I live approximately a thousand feet south southerntherly of the Southerntherly property line of the area proposed for the resoning and the development agreement. Um I spoke at the February 24th hearing um and asked that the development be conditioned for singlestory detached um houses along the southernly boundary to provide that buffer. Um I've since then the developer has provided wider lots. Um I've also rethought that some that um uh the developer and something the developer expressed after the hearing was the um uh difficult possible difficulty in marketability if they were to build just singlestory houses on a smaller lot. The Cumberland Cumberland estate lots are a lot larger. Um the other thing in Cumberland Estates um all of the houses are singlestory. Um there are a few houses with what I'll refer to as a bonus room. It's generally an office. Um there is a window for that bonus room, but it does face the street so that um none of the bonus room windows are on a side or a back wall so that it provides a level of privacy for the adjoining property owners. Um what I'm asking this council to consider for the Ambrosia are three restrictions to be included in the development agreement and the pro and on the preliminary plat for the properties along the

southerntherly boundary uh generally identified as block four lots 1 through 17. Those conditions being that the housing is restricted to single to detached single family. Uh the houses be a maximum of two stories and that any windows on the second story or floor be restricted to the northerly face of the house. Uh those restrictions would provide a level of privacy uh to the existing Cumberland residences that back up to the southerntherly boundary of Ambrosia uh that is substantially comparable to that enjoyed by the balance of the subdivision. Now, thank you for your time.

Thank you.

And Linda Davis. Hello, my name is Linda Davis and I live at 4413 Pinnacle Place and we are in the first Culdeac that faces Appalachian. So we would face and see most of this building that's going to go on and so my main concern was living in that particular area and we're going to be seeing this. I would like to see single stories and the highlights of the subdivision were very well very well laid out. I didn't mind them at all. In fact, I now remain neutral, but I am more for it than against it. And this type of subdivision looked very nice with the proposals if they were to keep it as singlestory that borders our fence line. And that to me is very important because nobody wants to look down into somebody else's property and the person facing them doesn't want to either. And to note on the commercial, I would like to see what they're proposing for the commercial because we desperately need commercial there, but we need things such as coffee shops, banking, small places to eat, even yoga or exercise areas that are more of a based onto a learning center. Even a daycare center would be excellent in that area. There's just not enough daycare around. also doctor's offices, immediate quick care, and senior care. These are things that seem to be so important in our community and our subdivisions remains beautiful and I'd like to see it be kept that way and also anything that borders it to be kept that way. Thank you for your time.

Thank you. So, we do have a um list of people that are opposed to this project and not everybody has requested to speak. So, I'll just read through those names. Um, Sue Kushlin has is against but not going to speak. Jane Crieding against, not going to speak. Um, Sher Marcola, sorry. Um, against but not speaking. Ray Marcola, um, against, not speaking. And then we have Christine. I believe that's Mlane or Melain Lane. She's there. Um against but will not be speaking. But we do have Paul Mlan that is signed up to speak.

Thank you, Madam President, council members. My name is Paul Mlan. I live at 113 Appalachian um street. Um we bought back in 19. We officially moved here in 24, but we've been out here many, many times. So, my backyard looks right into this property. And um we knew it was going to be designed for commercial. We're prepared for that. And a lot of people were. One thing I've been hearing repeatedly through this whole process is don't want this, but if andor it goes in, we want these concessions. The thing also I keep hearing is it's too deep for commercial. And yet right across the street is Walgreens. It's the same depth for that and even Sotera. Um commercial is what we need out there. It's I mean except for Walgreens and a gas station and uh um it's sort of a desert of commercial. And with the additional what I understand over 2,000 homes being built just south of us, that's 4,000 at least cars. Anywhere from, you know, six to 8,000 more people are going to be in that whole area. That's a lot of traffic. Um, but that's the need for commercial. It's just what we really need. My backyard actually slopes down. City code. I'm not fair with my six-foot fence is going to be looking right into those people's backyards. I'm worried that they're going to raise the soil up to put in homes there because that's what they did over at Sotera. That means my six foot fence now becomes a 4ft fence or whatever, but we really need commercial out there. Um, so with everything said,

um, councilor, all good. Yes, sir. And I I I totally understand where you're coming from. My my concern is, and I just like you to give me your opinion, if a Wendy's that's open till 1:00 a.m. goes there with a drive-thru, how does that affect your life? I mean, you know, I I mean, I I'm just trying to understand what you think on that.

Well, I'm I I knew it was going to be commercial. And an easy thing to do is along the back side of um Appalachian is you don't put the you're going to put parking there. Then you have commercial then you have access to the commercial behind that with commercial on the other side. Okay. And if there was going to be that typical thing like Walgreens which is I mean um Walmart on the other side they have all the way back that's where the trucks go and there's apartments right behind them. They're dealing with it. They have they have a rather like a 10 20 15 foot buffer of trees and plants. It's fine with me. Okay.

If I have two homes behind me, who's going to be in those homes? I don't know who's going to be there. What are they going to do in those homes? Okay. You know, I I personally just would rather have commercial.

Okay. And um with what is being said, even if you approve this, I mean, you have to put so many conditions on this to say, "Okay, you can only have single family homes. We don't know who's going to build it." They're not going to build it. I don't even know who's going to build the commercial. Sounds like nobody knows really who's going to do anything other than let's go ahead and plan this to be homes and plan that to be commercial and then we'll figure out what's going to happen later. just sounds, you know, and then I also was quite upset when at the last meeting the representative actually came to you and said, "Well, I know the people living over here in Appalachian don't want to have commercial because of the noise." I'm going, "You're telling me what I want?" No. Okay. That was to me it just I got quite upset with him telling me what I would like. Thank you. Um, Kelly Powell or Jean Powell.

Okay. Okay. So then the rest of everybody who signed up um are against the project but not signed up to speak. And that's Bob and Jean Burch, Bruce Davis, Donna Mostad, and Christopher Most. So, I believe we've gone through all of the public testimony list. Get back to my cheat sheet here. Okay. Since we've completed the public hearing, I will declare the hearing closed and the council can discuss the application before making motions and votings. So now we hear council comments on the application.

Councelor Sto. Thank you, Madam President. I would just like I got another question for the builder if he doesn't mind coming up. Actually, Madam President, do we get Whoa. Did we get a rebuttal period at all? Yeah, I'm sorry. That's I'll wait for that rebuttal period. Yeah, I apologize. I don't have that here, but you are right.

No problem. I appreciate at least giving us a few minutes here to kind of address some concerns that have come up. Um, I guess it's come up a couple times about will this can this remain or will it remain single family loss. I think Katie's addressed it. We've addressed it with the plat with the development agreement. It does remain that unless somebody comes back and try and changes that and then it comes back before council again at that time. Um, with that, um, we are strongly against limiting single family homes back there. I mean, you guys can do what you guys feel is necessary, but we're strongly against the single family homes. Um, I will say in a C2 zone that a mixeduse um, sorry, a live work home isn't an outright loud use as well. um that could also go up to 30 ft per current zoning standards. Um we are commercial developers uh with that. We've developed hundreds of thousands of square feet of commercial land. Uh so we will be doing the developing on the front portion of that um development there. Um give some can I some we have some interest on the front of that um commercial area. We do have interest from a financial institution at this point. Uh the rest of it is still open on who will be coming in. Uh there will be a multi-tenant building which again allows for some of that um mixed use stuff going on with you know the the small restaurant, the insurance sales, those type of guys in in those um multi-tenant buildings. Uh just one more quick thing. They've mentioned that this is deep enough for um another retail center. Again, that retail center has been built. It's Walmart built. They got there first. There's no one that's going to go head-to-head with Walmart and

build another 80,000 square foot building or 110,000 foot building there. So, again, we're trying to get stuff that will work there and will work for the community um in that area. And we will stand for any questions. Could you clarify for me? I think you meant to say you're adamantly against single story. You said you're adamantly against single family. Could you, Madam President? I'm sorry. Yes, we're adamantly against single story, not single family. I thought that's what you meant. Correct. To give you a chance to correct that. Thanks for thanks for correcting me there. Yes.

And then you already answered this question, but you won't know what's going to be there until you sell it. So, potentially you'll build something out, but you're not going to know who your tenant is going to be. or will you wait to build out until you have someone to occupy? Uh, Madame President, Councilman Williams, are you referring to the commercial area? Yes, that's correct.

Yeah. So, um, there's a couple ways to build things. There's spec, which isn't, you know, typically you try and have a few tenants in your building so you can at least have some income coming in when you build. That's typically what we wait for is we wait for a couple tenants to come in and then we build after that. Do we know what those tenants are yet? No, we don't. Um, I mean, we're doing some we're doing a couple retail buildings in Star right now. Same development, same crew. I mean, it's got it's got a sandwich shop. It's got, um, we looked at a vet going in there. Um, it's looked at another kind of a golf place, stuff like that where it's neighborhood stuff, local people coming there, being in the neighborhood, you know, providing services there.

Thank you. No, me. Oh, stop it. So, I'm looking at your landscape. Yeah, basically your landscape overall landscape plan just to give area numbers. So, if you want to look at that. Um, your commercial areas you have broken up into one, two, three, and five. Other than two, which has an access in off of Ustick, everything else is accessing from within the residential area. Correct. Sorry, give me one second to get there

because I didn't see any other accesses off the outside roads other than maybe coming in from Walgreens from area 4. So it this is the only one with areas on it. So it kind of gives you an idea of where it is I'm looking. So that's why I was asking. Yeah. No, I appreciate it, Madam President. And I appreciate Councilman. Um access as Haley has spoken is going to be limited. Right. Right. So it'll be on Kimble on the west. That's automatically determined. Well, no, that's into the subdivision. I'm talking about interior commercial. Yeah. So, we're proposing a ride in, right out only along Ustick, right? Um and then there is a right sorry, right, right out south on 10th as well.

But basically what I'm saying is accessing any of this commercial is going to have to be accessed off of the residential roads. Correct. other than the one that I'm seeing dead center on Ustick and the one coming in off of 10th at the south end. That's just accessing residential. You're then going to have to loop back into the commercial. Correct. Council, Madame President, Councilman, I I will differ there a little bit with you. Kimble is is a road that accesses there's commercial zone on the west. Correct. Right. You're asking that to get to commercial. You have to come in in Kimble all the way south before you get to Sortterra. Correct.

Um so you'll go into this and then you'll turn in head to the north to go to the commercial. South will get you to the residential areas. But you have you have what I'm trying to say is on that road you have commercial. So off um Marty Street is basically what you're accessing most of your commercial with. Correct. So You are correct. Yeah. Yeah. The northern portion of that is accessing Correct. What I'm trying to say is that's a residential street. Yeah. It act Well, it's built to commercial standards. Correct. Correct. But it's going to be both. Correct. Yeah. So, basically, you're using the interior streets to access all of your commercial is what I'm saying. That's correct. Okay. That's it.

Thank you, Madam President. Uh just a few questions here. You don't have any idea who's going to if you do just the commercial, you don't have any idea who's going to do the uh the family dwellings in. Is that correct, Madam President? Councilman Static. Is that static? Yeah. I do not know. We don't know at this point who who is going to build those out. Um could be any one of a numerous people who purchase it. Yeah. But would you be the pivotal point as far as who does get in there to build or is that going to be decided by somebody else? Would I be the pivotal point? Yeah. my developer would be the person who chooses, you know, whoever he sells it to would go to build it. Correct.

Okay. The, you know, in the spirit of being friendly neighbors. Uh, a compromise would be to still build a, you know, the single family dwellings, maybe have a bonus room on the second floor facing the street. Have you considered that at all? Rather than facing uh the southern part of the uh subdivision, we've not really looked at floor plans per se on here. We've just looked at building areas and what you could build there. Um, again, it comes down to marketability and what that developer, what that home builder wants to put on there. Um, I will say a 40 foot wide lot, you know, single family home isn't going to work, you know, or sorry, a singlestory home isn't going to work because from what standpoint won't it work?

On on a 40 wide foot lot, you get about a 30 foot wide home. You get about one bedroom in a garage, you know, and then a a kitchen, right? So, you need the two story to have the bedrooms. Um, on a 50 wide, it's a little easier to get it. I wouldn't call it easier, a little more availability to have a single story, right? But again, if you want something with more than a couple bedrooms, you're going to need that second story. Okay. But you can understand why you wouldn't some why you wouldn't want somebody looking down in your backyard, can't you?

Well, actually, I I beg to differ residential to residential. If I'm a twotory to a onetory, I don't know how that really is is a big difference. I've heard this council speak to it actually before. Um, you know, to me, if it's residential to residential and I'm not over a height limit, then I think it's it's it's a co it's it's a coexisting use, right? And so if you if I happen to have bedrooms on my second story and you happen to be a single story that lives next to me, I mean, I've lived in neighborhoods like that, right? It doesn't really bother me.

Well, I'm specifically talking about when the when the rear end uh butt ends against each other, the homes, one's a single family, the other's a two-story family home, and the twotory can look down into single family homes, backyard essentially. Sure. I But again, I I don't see how that makes you know what what what's going on in their backyards that people can't see. It's called privacy. So, it's called privacy. I'm not, you know, I'm not sure you would enjoy that, but uh maybe you're different than anybody else. But I think that's that's some of the concern that these folks have is people looking down on their backyards.

And I understand it, right? We we get it. We get it. But again, we're trying to make affordable housing. People can't purchase, you know, upand cominging uh I guess young or people who are up and coming, they can't purchase a halfacre lot anymore, right? It just isn't going to happen. Prices have gone too high. Again, these are more affordable housing. This is where those who need a home are going to go. So,

okay. Well, so much for the good neighbor. But, uh I wanted to uh Mrs. Davis, I think it was, that addressed this uh daycare. I wanted to remind you that there is a daycare center that was just built on South Kimble about what a mile or half a mile from where you're at. And I I don't think they're fully the last I heard that The last thing I wanted to mention is what I didn't like to hear from you is that by gosh, if you're going with this plan, we're going to build a 30- foot high commercial building and put it there and see what you think about that. That's not that's not being very friendly either as far as being a good neighbor. Yeah, Madam President. Yeah, that is not our intention, right? We're just telling you what could be built there. Yeah. Right.

But you did mention that if we Yeah. If if this doesn't go, I'm not saying our developer is going to going to still be here, right? like if we leave someone else could come in and do whatever is allowed per code, right? And so I'm just informing the residences this what this is what can go here with really not even coming back to council, right? I just assume I just assume the tone of your reply was by gosh, if you don't agree with this, we're going to build that 30 foot high building right in backyards and that's going to be it. So I guess that's not true. That is not our intention. in order. I believe I said by gosh we're going to devel 30 foot building in their backyard. So Okay. Thank you. Okay. Thank you very much. Yeah. Thank you.

Okay. So now we declare the public hearing to be closed and the council can discuss the application before making motions and voting. Councilor all good.

Ju just discussion. I it it would if I was a resident of Cumberland, I would really be against having a car wash or a Wendy's or a something that that goes I mean the car wash I go to is open till 7 p.m. and it's heavy traffic till 7 p.m. I would be concerned about that kind of thing. Um I don't know. I I'm just when when I hear that we would have no say in what kind of commercial goes there, that concerns me because there there's a whole bunch of commercial, anything from a a bar to like I said, a drive-in restaurant or whatever. So, that concerns me. I I don't have a big preference residential or commercial except that it would concern me that I have no control over what goes 15 feet behind my my house. Now just putting that thought out there.

Councelor Static.

Thank you. I just uh just wanted to comment a little bit on I think it was Mr. Croll that spoke about commercial and how much we needed and with all the residential uh subdivisions we have going in. Uh you know, last I heard there was about 8,000 of them that we uh have approved but still haven't gone in yet. Uh, we definitely need commercial and industrial development to help offset that tax base for the homeowners themselves because it's just getting too far out of whack. I the last numbers I saw, 85% of the development was residential and only 15% commercial and industrial. That does not pay for your utilities, maintaining your streets and all that. So, I I I agree with you, but I say it still has to be in the right place. So, anyway, that's all I have, ma'am. Councelor Tmont,

just a comment against councelor all good. Um, I do see that and I see where you're coming from in that sense. Um, I also agree with some of the residents they bought knowing it would be commercial. That's what it was zoned for. Unfortunately, this is probably one of the bigger intersections in the city. I mean, Tenthon used We had the problem with the apartments that went in Kitty Corner from this. Um, I think they were affectionately called the Monopoly units that went in right there. Um, that took out a big chunk of commercial that could have been used there. Um, yeah, just in that area. This is an intersection we could probably use a lot of commercial in. And even the depth, even if we they did double row, we did deny the highdensity apartments that came in. That was done last year. Um, just next door to this. I think we should keep the same depth of commercial. Everybody coming in knows that that's what that was zoned for. So, if they don't like the car wash, I mean, I get what you're saying, but just just like one of the residents said, they were they bought knowing that. So, just that would be my only rebuttal to that in a conversation would be that Yeah, they kind of knew going in. So, whereas the residential they didn't.

No. And I and I don't disagree. I'm I I And seriously, I'm not leaning one way or the other here. I I just like I said, I I would be concerned if someone were to come build something that went till 10:00 at night or something where I had traffic uh going on across my fence at 10:00 at night. That would that would I wouldn't care for that if it were me.

So, the only comments that I have, I guess, are this is a hard one. Um because I think a lot of times we have people that come and speak that are very definitive about what they want and this one's sort of giving options so it makes it a little bit more difficult. Um I agree with councelor Tilmont that this is a really great commercial area at 10th and US has had a lot of approvals um over the years for apartments. We've given up a lot of that area to residential and just like when we heard um about the request to reszone the commercial um I guess it was west of the Walmart um at Cleveland and USC right um we had decided not to do that because we want to reserve that space for commercial so I I think we should be reserving the space for commercial since that's what it's supposed to be in saying that Um, I I would not support this project if we did not have a requirement for singlestory up against that fence line period. I also see a benefit to having residential there because like the argument has been that it's less noisy and less, you know, all of that kind of thing. However, it I I also worry about putting um residents there and then only having the one uh access to the commercial. So, it sounds there's just a lot of concerns with that too. In addition to that, um we don't know what could would go in this commercial. And so, I think sometimes when sometimes it feels like there's just this fear placed that if you don't do this, there's going to be a car wash there. or if you don't do this, there's going to be, you know, um something really scary and awful is going to go in there when we don't really know what it could be. It could

be coffee shops or a little restaurant or whatever. So, I'm I'm worried about the same thing, but I'm trying not to get stuck there because we have already said no to the neighbor next to them that we wouldn't reszone them to uh residential the way that they wanted it. We said no at Cleveland and Ustick to that area. Um that we wouldn't get rid of the commercial there. Um, and then I go back to the fact that we just don't have a lot of area that hasn't already been designated on USC to hold that commercial. So that's where I sit with that. So if there's no comments and I suppose we'll entertain a motion one way or the other. Madame President, I got a couple comments and then I'll go ahead and make the I'll go ahead and make the motion. I um I get to listen to my colleagues on the other side of the uh of the dis here and they they talk about the need for commercial and I agree with that. Um I also uh I also believe that the perfect commercial building is something small, really compact, and it makes the city a lot of money. I haven't seen the perfect commercial building ever. Never have I seen it. Uh so what we have is we have an option uh whether or not we want to follow property rights and say we're going to give a developer the right to develop a property even come with something perfect doesn't mean we have to deny it because it's not the perfect project. uh we I think we have an obligation to say even though this isn't the perfect project, it still does meet the needs of the PL master plan, it still does meet

the comp plan. It still is a legal project and uh so I would hope that we would move forward. So in I truly I'm going to make the uh the motion here to to approve it and I'll let the city council second it or not second it. But uh my motion would be uh based upon uh uh Caldwell City Code, the comprehensive plan and upon testimony given and the evidence recorded and the facts presented and the applicable city code approval criteria that the proposed uh plan is consistent with the compreh comprehensive plan. The proposed plan is consistent with the purposes of the proposed zoning. The proposed plan uh does not sign significantly uh cause a significant adverse impact to the community and the plan uh does have adequate public facilities. Uh I vote that we approve it based upon conditions that street buffers are completed with uh phase one of the project and that uh 50% of the properties on the south side be singlestory.

Is there a second? I'm confused by that last one. 50% of the properties on the south side. So the other 50% could be two story. Do we have a second for that motion? Uh madam chairman, I'd like to have some clarification on the 50%. All that property on the south side would be single story or just 50% of that? Just 50% of them, but you can change the you can change the motion if you want to amend the motion. Okay. Thank you. Okay. So, do we have a second for the motion by councelor Denver?

Okay. Seeing no second, does that just make the motion die? Okay. Any other motions, Madam Chair? Oh, I'm sorry, Madam President. Um, I would make a similar motion except that all all homes on the south side would be singlestory. Um the the other thing being, you know, the same landscaping as what councelor Dinenberg described. Um and and that any changes to this plan come back to council if it's not exactly as what was presented this evening. Second,

Madame President. Yes. Can I just clarify what it was for the landscaping for the condition? Yes, please. uh that the landscaping be done first. Oh, okay. Got it. The buffers. Yes, ma'am. Thank you. Appreciate that. Okay. So, we have a motion in a second. Any discussion? Council Williams. Thank you, President.

I have a question uh for staff now with this on the floor. If this builder had said, this builder has said that uh they essentially can't build a home that is single story on that unless it's a two-bedroom or threeb is I I I don't even know what could be built on a lot this size. If we approve this motion, but are we'll be approving the plat as well. So my my concern is if this developer decides to walk away because they can't build singlestory homes on the south side, will the next developer that buys this property be stuck with that as well? And could this developer have the option rather than us locking into something that is probably not commercially tenable, could they could they walk away without us having to to go forward or or how does this work? I'm I'm I'm I'm I'm understanding all the argument, but I'm also understanding from a market standpoint, you can't build a singlestory home on a lot this size and number one, it have the rooms that people need or number two, it'd be marketable. So, my question is procedural here. What what goes what goes next if this is approved?

Um, Madame President and Councilman Williams, it would be the condition becomes part of the development agreement. Um and so that development agreement will go against the land. So it'll be against any future owner as well of that land. So they will be stuck with that condition unless they want to apply apply for a development agreement modification and then they would have to come back before council to make any changes. Thank you. And I I think for that reason alone I'm I'm leaning towards a no on this motion.

Any other discussion? Okay. And the only thing that I want to say is I appreciate the motion with the con condition in the back. I think that that's really important. However, I do still feel like we should not be giving away this area of commercial on that side of town. We really do need the commercial there. So, if there's no more discussion, then we will call for a vote. All good. Yes. Denber, yes. Tilont, no. Stoic? Yes. Register. No. Williams. No. I lost count. So,

it was four to four to two. So, it was it is a 33 vote. Um, there is not a mayor present this evening to cast the deciding vote. Um, this project will be continued to the May 4th meeting for a final vote with the potential for a tiebreaker. Okay. Thank you. Okay, Matt.

I think I'm getting feedback over from the uh I I just want to just want to let the council know that that that motion for approval has been has not passed. That doesn't mean that the council tonight couldn't take up other motions on an approval, right? It's it's not a single vote. If there was a a modification or something the council wanted to work out with with present what you have, you can still do that. You don't just have to wait until till for a continuence. if that makes sense. Are there any other motions or discussion? Okay, looks like we're moving on

then. Then um I think procedurally just so that we have the date, I think a motion for a continuence to a date certain would be appropriate. So moved. I'll second it. So I think that's for May 4th since I it sounds like I'm making the motion. So a motion for continuance with a second to a date certain of May 4th.

Okay. All in favor say I. I a question. So So that passes. I have a technical question though. Yes. Will will the mayor need to rehear all the testimony or how does he catch up to speed to be a voting party? So, the mayor will should be able to have a chance to to review the record and the proceedings that that have been recorded. Uh there would also be an opportunity if the council wishes to reopen the public record and and hear more testimony at that point. Thank you. Okay, with that, um we'd like to take a quick break before we move forward. So, we'll come back just a couple minutes after 8 o'clock.

Okay, we'll call the meeting back to order. Looks like everybody's back. All right, so we're going to move on to new business. And the next item on the agenda is an action item. Um, and it is a public hearing for case number SP2500000010 Z26000000002. The applicant, Jordan Moore House, on behalf of SM4 LLC, is requesting approval of a reszone for a portion of a parcel from R1 to C1. The parcel currently has a split zone and the applicant would like to ensure that the entire parcel is zoned C1 as it was intended when the lot was designated a commercial lot within the original Shadow Glenn subdivision. Concurrently, the applicant is requesting approval of a preliminary plat application for Shadow Glenn commercial subdivision, a commercial subdivision with four buildable lots. The 1.52 acre parcel is located on the west side of Middleton Road, approximately 260 ft north of the intersection with Lynen in Caldwell. The applicant was recommended, I'm sorry, the application was recommended for approval by the hearing examiner on Tuesday, March 24th. This is a quasi quasi judicial public hearing and it is essential to follow the process um as stated before. So first we will hear from the applicant or their representative who will have 10 minutes to speak.

Madam President, council members,

um thank you for this opportunity. Uh like I said in our proposal, we're looking to uh change the split zoning, the portion that is R1 of this lot into just C1. So the entire 1.52 acres is C1. and also proposed that we uh uh our preliminary plat of four uh separate commercial lots for this. Um we have found in our in on our market that 3 to 4,000 square foot small commercial building that prints a lot of money for the city of Caldwell is a high market right now. And so um that's what we're looking for. We also find that this 3 to 4,000 square foot uh you know rough uh building is is good for owner occupied uh market and we feel like it serves a community well with a professional office space and so um pretty simple proposal uh at this time I guess I'll take any questions on on what we're looking to do here. Councelor Stoic,

do you have anything? I'm sorry. Okay. Actually, I councelor Tim. Um, just a real quick question. So, basically, you can sell the bigger lots instead of the smaller commercial lots, correct? That's what's more desirable. You're just looking to increase the size of your commercial lots, right? And get rid of the residential that is split up so that you can make the um lots larger. Correct. Uh, Madame President and Council Member Tilman. Yeah.

So, it's a split zoning right now. So, really it's the use uh and I'm sure that and I apologize I didn't bring uh a PowerPoint or anything like that, but um the use as it is zoned currently is really difficult uh to lay out commercial. I think when we originally purchased the property, we were expecting it to be C1 all the way through

and then we were uh late in our getting our application in and then we realized that uh the city council code had changed and all a sudden our split zoning was in effect. And so it's not that we're trying to um make a bigger commercial lot for bigger commercial buildings. Essentially, we're trying to with the with the split, we're trying to make smaller commercial buildings. Uh, like I said, that prints more money for the city of Caldwell. So, uh, that's that's the proposal, not not a bigger commercial building. Okay. I hope that clarifies what I'm saying. Perfect. Yeah, council. All good. So, you're doing exactly what the last developer wanted to do. Offset. When we hear advice, we we're going to take it. Yes. Yes.

Thank you. Okay, councelor Denbury. Uh, thank you. My question is is this is a reszone from R2 to C2, correct? Uh, Madame President, Council Member Dentonburg. No, this is R1 to C1. R1 to C1. Okay. Thank you.

And it's just a portion of the lot. Okay, I think that's it for questions. So, um, we will go ahead and hear the staff report. Good evening, Madame President, members of the council. Morgan Besaw, planning and zoning. The application in front of you this evening for shadow again Glenn commercial subdivision is for a reszone and a preliminary plat with a partial reszone from R1 to C1 neighborhood commercial as well as a reubdivision of the commercial lot within Shadow Glenn subdivision from one single commercial parcel into four separate commercial lots. The site is 1.52 acres and it is located on Shadow Glenn Drive, the corner of Shadow Glen Drive and Middleton Road as identified in the map. The parcel is currently splitzed. You can see on the image in the right that it's partially yellow, which is the C1 neighborhood commercial, as well as the light green on the left, which is the R1 neighborhood residential. The lot became split zone when it came through from preliminary plat. They had the zoning that you see there. When they came through her final plat, they made that commercial lot a little bit bigger and did not require a reszone at that time. And so really the reason right now to make the lot all C1 is just a little bit of cleanup to have it match the final plat that was approved by council um in the past because code does not allow splitzoned lots. The flat the fact that this lot is splitzoned and we're dividing it into

four parcels. We can't create four new split zone parcels. So just a little cleanup to make sure that when they have their commercial plat over this that they're all zoned C1. It's not changing the use. The intent of that lot has always been to be entirely commercial since Shadowed Glenn was originally platted. The property is surrounded on three sides by residential subdivisions as well as large parcel um with agg and residential development within the comprehensive plan. This is identified as neighborhood 2, which is primarily residential in nature, but does allow some low intensity neighborhood level commercial uses, which is all that the applicant is proposing at this time. On the screen in front of you is the subdivision layout. You can see it's simply taking the existing commercial parcel and dividing it into four separate lots. So, instead of having one commercial owner, they can have four separate commercial owners on these parcels. Access will be off of Shadow Glenn Drive, which is a local road. And due to the size and scope of the development, a traffic impact study was not required. Attached is the review of the project compliance with city code. As condition, the application is compliant with all relevant city codes. All utilities are available or will be made available to the site. No public comments were received and ITD had no comments or concerns at this time. And on March 24th, the hearing examiner recommended approval of the requested application. And staff has found that the project is in compliance with city code and approval criteria, the comprehensive plan, and we do not have any concerns at this time. And that is all I have for you this evening.

Councilor Good. Morgan, just just to make sure, changing this to four lots in C1 would not allow for multif family. Correct. No, that is correct. Multif family is not allowed in the C1 zone. Thank you. Any other questions? Thank you. Okay, so we do have a signup sheet. We have one person in favor. That's William Mason. I don't need to testify.

You don't need to testify. Okay. Well, that was it. We don't have anybody else signed up to speak. So, we will bring the applicant back.

Is this like final remarks? Is this final remarks or final qu? Yep. You final statement. Yep. your final statement and then council will have any questions and then if at they don't have any then we'll move to discussion. Um like I said before this is something that we feel is good for the community. Um you know we most of our uh buildings that we build are owner uh occupied meaning that this is something that we build and then people are are buying these commercial buildings uh and and occupying them for for neighborhood office space. So, uh, we feel like it's a great use for the community and, uh, hope to earn your approval. Thank you. Any questions?

If he's coming back up, uh, councelor Tmont. Um, just one real quick then. You're primarily going to be using these for basically office space. Correct. Madam President, councelor Tilman, that that is correct. um either some type of medical or u you know neighborhood office, you know, light office is some kind of professional office. Correct. Correct. Correct.

Okay. Thank you. All right. So, since we have completed the public hearing, I will declare the hearing closed and the council can discuss the application before making motions and voting. Any comments or discussion or oh I'm sorry councelor Williams

I'm prepared to make a motion based upon callable city code the conference plan upon testimony evidence and record the facts presented and the applicable city code approval criteria I move that the proposed reszone from R1 to C1 is that correct madam clerk R1 to C1 thank you be approved u subject to the conditions as presented and modified Second. All right. So, it has been moved um by councelor Williams, seconded by councelor Tilmont to approve the motion or to approve the project. Sorry. The council can now cast their vote. Oh, I'm sorry. Is there any further discussion? Councelor Williams? Yes. Councelor Tilmont?

Yes. Councelor Sodic? Yes. Councelor Register? Yes. Councelor Algood? Yes. Councelor Denber? Yes. Okay. So that motion passes. So the next item on the agenda is an action item in a public hearing for case number ANN250011 SP25000015 Z25 000000 007 and the applicant Bailey Engineering on behalf of HBU Investments LLC and the Rama Group. Madam President. Yes.

I'm sorry. I think we still need to do new business item number two and approve the ordinance. Okay. I'm so sorry. That's okay. Let me grab the other Madame President. Councelor T. Um, I will adopt bill number three, ordinance 3737, associated with um Z26-02 with a request for it to be moved for its passage by title and approved for summary publication. Second.

Okay. So, it's been moved and seconded. And is it a roll call vote? Yeah. Tommont, yes. Stoic, yes. Register, yes. Williams, yes. All good. Yes. Dinberg, yes.

Okay. So, that passes. And so, now we're moving on to whatever I just said. um and that they are requesting an annexation of parcel with zoning u designation of R2 zone a reszone of parcel from RS2 to R2 where both parcels are identified as neighborhood two in the comprehensive plan and R2 is a compatible zoning desk designation. Concurrently, the applicant is requesting approval of a preliminary plat for West Built Estate Subdivision. A single family residential subdivision with 194 buildable lots. The 65.83 acre development is located on the west side of Lake Avenue at the intersection with Cirrus Drive, approximately 1700 ft south of Carter Road in Caldwell. The application was recommended for approval by planning and zoning commission on Wednesday, March 11th, 2026. So, we will hear from the applicant and they'll have 10 minutes. Madame President, members of the council, hello and good evening. For the record, my name is Sabrina Durie and I am here on behalf of the applicant. My business address is 5179 South Boven Avenue, Boise, Idaho. Get a little closer. 83716. And this evening, I have the honor and privilege to presenting to you our applications for Westbuilt Estates. So, first, let me begin by welcoming you to Westbuilt Estates. This community has been thoughtfully designed as a high quality residential development that blends refined living, elevated modern comfort, and strong neighborhood connections. Here you can see the main entrance into Westfield Estates, which features stone monument signage, a

landscape median, and layered plantings that create a welcoming boulevard style entry. Nestled along our um uh future roundabout, our design emphasizes natural materials, strong landscaping to establish a clear identity and sense of arrival for our community. The vision for this project is to create a place where families and individuals can feel at home while enjoying access to meaningful community spaces and amenities. The goal is to develop a neighborhood that feels both sophisticated and comfortable while fitting naturally within the surrounding area. With Westbuilt Estates, we're requesting annexation, a zoning of R2, and a preliminary plat for 194 single family lots and 33 common lots. Our net density will be 2.95 units per acre with our residential lot sizes ranging from 6,000 square ft up to 12,700. With the newly adopted comprehensive plan and zoning code, this area has been designated as neighborhood 2. The goal for neighborhood 2 is to serve areas near major centers and activity hubs. Given the site's close proximity to the rapidly expanding Highway 55 and its growing concentration of commercial and employment centers, Westbuilt Estates will maintain a critical need for residential housing in this key area of Caldwell. The community will offer a well- balanced array of mid-density housing options that complements the city's long-term comprehensive plan goals. A portion of the site is already annexed into the city of Caldwell under an older residential zoning designation. Within the site, you can see in the lighter cream area that this portion is in the county. To create a more cohesive and unified development pattern across the property, the applicant is requesting to an annexation of the remaining portion of the site along with a reszone of R2 for the entire subdivision boundary.

So to better understand how the site fits into the broader area, let's take a look at the surrounding context in detail. To the north is the Charles development which is planned to include commercial uses a future city of Caldwell fire station and three to fourstory apartment buildings. To the east is Paragon Estates. This is a multi-phase single family subdivision with several phases already built or currently under construction with Lake View Elementary School also being located east of the site. To the south, we have properties that remain in unincorporated county parcels. And to the west, we have Cedar Crossing, a fully builtout single family residential subdivision. With a diverse established land use, Westbuilt Estates is designed to provide an appropriate transition within the evolving area while maintaining compatibility with the surrounding development. This slide in highlights the importance of thoughtful site design and how the project transitions to the adjacent developments to the north, east, and west. We intentionally designed the lots along the perimeter to align with and complement the existing development patterns for those existing neighborhood communities. The site will be constructed within five phases. Construction timing will be determined based on market conditions. However, we are estimating phase one construction to start early of spring 2027 with home occupancies anticipated early winter of 2027 or in 2028. Each phase we anticipate being developed yearly with overall development being completed in 2032 to 2033. Now, I would like to introduce you to the applicant to Builtmore Company. Since 2009, Builtmore has been building beautifully crafted homes throughout the Treasure Valley. Owned and led by Kevin and Liz Amar, the company builds

approximately 100 homes annually and is known for its thoughtful design, high quality construction, and commitment to creating exceptional communities. Builtmore Company maintains an A+ rating with the Better Business Bureau and is widely recognized for exceptional craftsmanship and attention to detail. The company is particularly known for its in-house design services and outstanding customer service, earning its 2025 customers best boyisey's best customer service award among businesses in all of Treasure Valley. Builtmore company has received many awards and accolades over the years. Most recently, they've earned the Boisey Parade of Homes People's Choice Award in 2023, 2024, and 2025. and were recognized in 2025 as the Building Contractors Association of Southwestern Idaho Builder of the Year. These recognitions are welld deserved. As you can see these examples, their home features beautiful exteriors and thoughtfully designed interiors with each home carefully curated to prioritize both quality and livability. Builtmore Company will be one of the builder teams for this community. We understand and are sensitive to city council's concerns that development must pay for itself. Based on analysis of current building permit impact fees and considering the proposed 194 residential homes, the estimated total impact fees generated by the project will be 1,593,000. Coordination has occurred with Joey Palmer of the Valley View School District and the applicant has worked collaboratively with the district and entered into an agreement to provide contribution of $500 per lot. Additionally, the applicant has coordinated with Valley Views School District and Halley with the city of Caldwell regarding the location of a pedestrian crossing at the direction of Mr. Palmer and the preferred location of this crossing is to be incorporated

within the future roundabout as depicted in this slide. In every community, usable space is a top priority for it sets the foundations for our community's amenities, interconnectivity, and pathways that really make the community special. In Westbuilt, we have thoughtfully designed nearly 10 acres of qualified open space, which represents over 15% for the site. Pathway connectivity and walkability is also a priority within West Built. Purple depicts our community sidewalks. Orange depicts our micro um pathways that fan out throughout the site. And red illustrates our 8-foot regional pathway that provides connection from the east to the west for this community. Westbuilt has been designed with two main central parks with several parks scattered around the site. Our first park will serve as the focal point for Westbuilt. Thoughtfully designed, this space encourages connection, activity, and outdoor engagement among residents of all ages. Key features include a community pool, playground, and picnic shelter. This park will be constructed in the first phase of the development, so these amenities can be enjoyed right away. In addition to the pool area, the park includes open space and a playground designed to give children a safe and engaging area to play. Walking paths connect the different areas of the park, allowing residents to move comfortably from the through the space and creating opportunities to gather, relax, and enjoy the outdoors. Here is a view of the beautiful pool um that the residents will love to use. This pool will serve as a central amenity for Westbuilt, offering a place for residents to relax and engage, enjoy the outdoors. The design includes lounge area, seating, shaded gathering areas, and a pool house, creating a welcoming space for families and neighbors to connect. In addition to the primary amenity area,

Westbuilt Estates will include a second neighborhood park designed to provide additional recreational opportunity spaces for the residents. This park features a pickleball court, picnic shelter, and walking paths, offering a place for both active recreation and again another chance to enjoy the outdoors. And finally, this pocket park in our northwestern corner is designed as a little more passive area, but is envisioned as a peaceful wildflower pollinator garden providing residents with a tranquil sanctuary to connect with nature. And to summarize quickly, Westbuilt is a thoughtfully planned quality community designed to offer a balanced blend of sophistication and modern livability. Situated near commercial employment hubs, it provides a well-rounded selection of mid-density housing options to meet the needs of a growing population. It is designed to promote connectivity, quality of life with open space, and thoughtfully designed amenities and inviting gathering areas for residents. The neighborhood is carefully planned to create a vibrant and welcoming community for all families and residents to en enjoy and overall supports Caldwell's long-term vision for thoughtful growth, highquality housing, and livable neighborhoods. With that, we'd like to s um thank staff for all their help and support throughout the process. And on that great note, I'd like to thank you all for the privilege of your time, your thoughtful consideration, and respectfully request an approval from this evening. Thank you so much.

Thank you very much, Councelor Stic. Madam President, I've got a question for legal. I live on the western part of this uh project. Do I need to recuse myself? So, councelor Stoic, do you feel like you have any financial gain to be made if you participated in this that will come out? Would you report it on your taxes?

Evans, no. I I I think if you don't feel like there's a pecuniary for you or your family of some sort of benefit or any any of those sorts of things that you would have in a direct financial way. I mean that a project's always going to increase probably everybody in Caldwell, but if you don't see a direct onetoone relationship on that, it would seem to me that that you don't have a conflict of interest. Thank you, sir. Any questions for the applicant?

Okay. Thank you so much. Um so we will see from the staff report now. Thank you madam president and council members. Katy Rate Planner 3205 South 6th Avenue. Bailey Engineering Inc. on behalf of HBU Investments LLC in Rama Group is requesting annexation of parcel R3282512000 with a zoning designation of R2 and a reszone of parcel R32825100 from RS2 to R2. The applicant's also requesting approval of a preliminary plat for Westbill Estates subdivision, a single family residential subdivision with 194 buildable lots. The subject site is 66.25 acres located at Zero Lake Avenue, um 1,800 ft south of Carter on the west side of Lake Avenue. The subject parcel is currently being utilized as farmland. The property is surrounded by Cedar Crossing subdivision, single family home development to the west, uh, Paragan Estates subdivision, single family homes to the east, multifamily to the north as part of the Charles, and county farmland to the south. The northern parcel is located within the county and has no history within the city. The southern parcel was annexed into the city in 2007 with the initial zoning of RS2 and a planned unit development with a preliminary plot for 73 single family residential lots ANN5607 and SUV/PUD176PO7. There was a development agreement associated with this approval, but it was never recorded, making it null and void. The previous approvals have expired and are no longer active, and

that was for Cedar Crossing East. The applicants requesting the northern parcel that is currently within the county be annexed into the city with the initial zoning of R2. This parcel is contiguous to the city limits. The applicants requesting the southern parcel that is located within city limits to be reszoned from RS2 to R2. The applicant's proposing a single family residential development which conforms with the purpose statement as specified within Caldwell City Code for R2 community residential zone which states that the zone is to provide areas that accommodate a larger variety of lot sizes and housing types. This includes single family residential. The proposed density of 2.92 dwelling units per acre is compliant with city code which allows from two two to eight dwelling units per acre. The subject parcels located in the neighborhood 2 place type within the comprehensive plan. Neighborhood 2 includes a variety of single family and mid density housing types. Commercial services are low to medium intensity and are generally only found at major intersections of arterial or collector roads. Primary land uses within this comprehensive plan use designation are low and mid density residential. The requested R2 zone is a compatible zoning district within the neighborhood two place type. The preliminary plat request is for 194 single family detached homes with 15.58% open space which exceeds the code minimum of 10%. For clarification, north is the left of the screen. The development will take access off of Cedar Rapids Drive to the north. Sirius Drive will connect through the center of the development going from Lake Avenue to the development to the west along from the development to the west with connections to the streets existing in the development to the west. Uh there's also a proposed stub street to the south and to the northeast to provide future connectivity if those parcels ever

develop in the future. The applicant's also proposing an emergency access onto lake in the northeast of the development. A traffic impact study was required due to the number of lots. This development is in alignment with the public works cats plan. It was not deemed that additional mitigations would be needed at this location. The proposed development meets all code requirements so long all recommended conditions of approval are met. All utilities are available or will be made available to ser serve the proposed single family development. Political subdivisions including school districts were notified and provided opportunity to comment. Uh, Valley View School District commented stating the lack of future capacity and stated the increased challenge to anticipate enrollment levels. There was a late exhibit provided that mentions the school district and the developer have a donor agreement in place and public notices were sent to all property owners within 500 foot radius of the property, but staff received no public comments at this time. On March 11th, the planning and zoning commission recommended approval of the requested application. And staff's initial review found that the proposed project is in conformance with all applicable city codes as amended, all applicable approval criteria per city code and Idaho code, the adopted comp plan and future land use map, all other applicable city adopted master plans and city policies. and city council has the authority to approve or deny applications based on the approval criteria within Caldwell City Code once they've reviewed the record and evidence and heard all public testimony. Uh staff does request that condition three be removed as a similar condition is stated within the engineering memo that covers our concerns um with a pedestrian crossing for the future across Lake Avenue. And thank you. I stand for questions.

Any questions for staff? Uh, councelor Algood. Yeah. Katie, would you just remind us they're wanting a change from RS2 to R2. What What is that change? What What does that give them or change? Yes, Madame President. Um, councelor, all good. That So RS2 is more of a rural residential zone, so the lot sizes are significantly bigger. Um, and it's not a a compatible zone within the comp plan for what's called out for that location.

And and then one more question. Um, is this all one parcel? I'm just wondering how half of it ended up in the city and half of it ended up in the county. Yes, madame president, counselor, all good. Um, it is two separate parcels. So, the northern parcel, if maybe, sorry, Hannah, can I go back? The northern parcel um is not within the city and that's what they're requesting for annexation. Um so, if you can see here um on the right side of the screen, the lower parcel in pink, that's already within the city. That one is zoned RS2. and the northern portion is not within the city yet and they're requesting that to be annexed with R2.

So the two separate the northern portion even though it's closer to the city Yes. is the outlier. Yes. Correct. Thank you. Okay. Thank you. Thank you. So, we have nobody signed up in favor and nobody uh signed up um to in neutral. We do have some people opposed. Am I out of order? Oh, okay. I just want to make a comment.

Go ahead. Uh in regard to legal opinion, uh I think I still have to recuse myself because I do have some biases regarding the amount of uh children there will be at Value School District which I'm a part of and also the traffic. So good enough. Thank you.

Okay. So we will be opening up the public hearing um and you'll have three minutes. Again, please start off by giving us your name and address for the record. So, opposed. Um Sue Kushlin, who um has decided not to speak. Jane Crieding does not want to speak. Nancy Henry. I'm Nancy Henry and I'm at 1349 Agape Way and it's Nampa there. I'm part of that existing triangle. I'm the one that's the closest to the canal and my concern is that that is the hub of it looks to me like from all the little parks and the crossways and the bridge is going to have to go in the most activity of the whole thing. And I'm I'm my biggest request is that the fences go in before any activity moving ground because it's and and the road that's going to be coming in onto Cirrus out of the out of the subdivision is if they drove through the fence, they'd be they'd be in my bedroom and living room and it's really close. Um, and I also asked that we have a a area of property of fence where we have a three rail fence behind us along the canal. And I know that they're going to put a fence on the other side of the canal. But I also know from living in that those two parcels for 30ome years that four-wheelers and motorcycles are going to be a big problem with that many people because a lot of them think that because they're moving out in the country kind of that they can ride those

canal banks and they are private property to the middle of the canal. And I'm just really concerned about the noise in the dirt. I think it looks like a beautiful um subdivision. I think they've really thought it through nicely, but they're taking away our our piece our peace and quiet and the cleanliness, you know, without all the dirt and everything. But in a way, they're they're fixing some of that too because farming is pretty dirty. But, you know, that's me but that's my main concern and that's all I have to say about that.

Thank you. Any questions? Okay, thank you for coming. Um, George Walter. Good evening, Madame President, council members. My name is George Walter. I live at 1343 Agape Way, uh, parcel number R 3282510. Um, I understand that you're not going to be able to um prevent progress, but I do have a couple concerns. One, that we don't get annexed into the city and leave our parcels in the county. And the the second one is when they put Punch Cirrus all the way through. We also understand that Florida, which is the the next street over, is going to be a a right only coming on to Carter if you're headed north. And so all that traffic now is going to come down Cirrus to Lake if they want to go up to Carter to turn left or to go west. And so our curb cut is within a 100 yard 100 feet of where Ser Cirrus is going to be punched through. And so given 194 new homes, 200 probably up to 400 cars and with the the development to the east which is over by the the elementary school and all that traffic, I just have a concern of us being able to get out on the lake given the traffic. I mean, when school is in session, traffic can back up from Carter all the way back to Cirrus. And so, I don't know if Blake is going to be expanded to have a center lane. I don't know if there's a traffic light being proposed at that intersection given that all these

children are going to be trying to cross a lake, which is 50 miles an hour, to go to school. Uh, these are just a couple of my concerns. And again along with Nancy which is my neighbor, phase one is the where Cirrus will be punched through all the way to Florida. If they if the development could put a fence on our northern border, the vinyl six-foot fence just to help keep the dirt and noise down would be much appreciated. And that's all I have unless there's questions. Council Williams,

thank you for being here. I think we can a couple of them very quickly. He is not going to be annexed. Um he would have to choose to be annexed to be annexed. So you don't have to worry about that. No one's going to force annex you into the city. Thank you. Um and number two, I I understand you're concerned about Florida 55, but that's completely out of our control because that's that's an ITD project, but all the other things I know are taken into consideration uh with our engineering department. But I just wanted to mention that ITD project. No, no, I understand. We can't we can't do anything about that even if we wanted to. But I understand, but it's it's going to rech

traffic. And so I'm just kind of worried about us being so close to that intersection trying to get if we wanted to go north on Lake, we could be there half an hour, 45 minutes. I mean, it's going to force us to go right. and we'll wait and see what the applicant says when she comes up for a rebuttal about defense because there's two of you now that mentioned that and maybe she's taking notes on that. So, Sure. but I do appreciate you being here. Any other questions? Thank you, Madam President. For clarification, the landscape plan does show they are proposing a sixoot vinyl fence on the north of Agape Way.

Got it. And that's in phase one. I would have to clarify that, but if that's phase one, then that would be part of the construction. Great. Thank you. Thank you. Thank you. All right. Um, so Jason Mahoney, but you chose choosing not to speak. So Kevin Omar,

good evening, Madame President, council members. My name is Kevin Amar. My address is 1580 West Kaillus Creek Drive in Meridian, Idaho. Um, I am one of the applicants. I am in favor of it. I must not have marked the right box, but I am definitely in favor of this project. I wanted to introduce you. I'm owner of Builmore. I just want to clarify one thing. Is that okay that we didn't have anybody in favor? We don't have anybody left to speak opposed. Do we need to make any kind of shift or we can just move forward? I think it's fine to move forward.

Okay. Thank you. Sorry about that. Go ahead. Just wanted to introduce you to Builtmore Company. We will be one of the builders in in the community. Um we're also Rama Group, which is my name backwards because we're really very original that way. Um but we we are excited to be in in Caldwell. We have spent a lot of time to create a plan that is a community. We've seen a lot of subdivisions. We don't enjoy building in what we term just a subdivision. We want a community. Want a variety of lot sizes. Uh we feel like we've thoughtfully uh designed this plan with the smaller lots next to the Charles on the north and then going to the south taking those larger lots. One of the important things for us to do when we're in in any community is those the major amenities need to be built in phase one of that community so the people can move in. It's not a promise that it'll happen in the future. It's part of that it's part of that phase one uh development. So that will be done at the same time that we put in the roads for phase one. The extension of Cirrus Point will be part of phase one as well. Uh we understand there's some uh connection that will be beneficial to the city. We also understand that's going to bring possibly some extra traffic, but overall it's going to provide interconnectivity with existing road networks within within the community. We did spend some time with Joy Palmer and we were able to coordinate with engineering as well. At one point we had an additional connection point on Lake. Uh Joy was concerned about that connection point. He didn't want to direct children down the road and then across the street. He wanted to he wanted them to be able to cross at that future roundabout. Um staff was able engineering department was able to work with us and we were able to coordinate with him. So, I think we've done really well at trying to coordinate with not only the neighbors, the city, but also bring into account the the concerns that the school

district has as well. Uh we we look forward to be a benefit and a part of your community and we'd request your approval at this time and I would be happy to answer any questions. Thank you. Any questions? The only question I have is um during the presentation they said that you are one of the builder teams. Is there going to be different builders in there?

There will be different builders. I'm a firm believer in multiple builders following a strict set of architectural control guidelines. Um too many times each builder has their own flavor and their own flare. And um sometimes it's hard to get out of our own way when we when we try to come up with a different style. But we've found when we bring in multiple builders as long as with those guidelines that we have that we can provide a more um unique community with different flavors and different styles within the within the community and it turns out overall as a better as a better project.

Thank you, Councelor Klet. So, on that note, um you're going to be the primary builder, correct? Basically, the first builder. I will Well, yes, we don't have any other builders. We've not gone out to anybody else. Okay. So, you will be setting those in your um CCNRs prior all those guidelines for the future builders to be similar to you in that sense. Correct. Councilman Tilman, there will be CCNRs provided as well as ACC guidelines. Everybody including myself even as the builder will have to go through the architectural control committee to get approved based on those guidelines. Okay. As will all the other builders.

Thank you very much. Thank you. Okay. So we will have the applicant back. Madame President, just for clarification for the record, uh looking at the phasing plan, it does look like that buffer over against um those out parcels to the south is proposed to be with phase five. So that fence wouldn't be installed until that point unless the applicant proposes to do so before then or it's conditioned. Thank you.

Okay. Um, Madame President, council members, again, um, thank you again for your, um, it's a long evening for your time and consideration, and I wanted to thank the neighbors to come out. Um, we really appreciate, um, discussing the project with them. Um, I've spoke to Nancy um, several times at the hearings and I've also emailed her and we have um, I have told her that we will definitely be fencing her area. Um, and um, any concerns that she has or if if you feel necessary to condition that um, we'd be fine with that. Um, as far as um the traffic flow, I have a slide at the very end that I was going to bring up, but it's shows the connection point and how the long-term planning for this area was designed that the all these subdivisions were going to supposed to connect through through Cirrus Point. And um sorry as I go through all my slides, but it is a um and Haley can speak on this, but it's a very pivotal location to create movement in this area that's not dependent on the state highway. So I have way too many slides. Sorry, we're so excited. We have so much to say about the project. Um but I'll get to that and I can kind of explain um the traffic flow. The also the concern at that intersection. I think that is why um we there's a roundabout being proposed at that location. There's not going to be a light, but as for Cirrus and Lake, that's why that roundabout. As far as timing, um that would probably be a question for Haley as well. Um but we're almost there. This kind of shows you in the orange the connection point and it's going to be connecting all the way to Nampa to Florida Street. So, that has been designed intentionally. There's a stub road there for continuation. It's going to continue to the east all the way down

and provide that flow of traffic that is really essential for this area, especially so that the site area is not dependent on the state highway. And again, if you look at the roundabout and you look um at that corner where NY's at, you can see the buffering. We have a 20 foot landscape buffer and then we'll also have the fencing. So there should be significant buffering for both those um parcels there to um that the neighbors have spoke that will have adequate buffer but also adequate fencing um that will help with noise and abatement of for um any disruption during construction. Um, and with that, um, just real quick, um, just to summarize, um, we're super excited and we feel like this is a beautiful project for the right time in the right area. And the development has been just carefully designed to provide highquality residential environment, incorporating attractive architecture, cohesive neighborhood design, and meaningful amenities. Um, it's also exciting to introduce some new builders in the area, bringing a fresh product type, maybe with a little higherend housing option that will contribute to housing diversity within the community. This project emphasizes quality construction and again thoughtful design, ensuring the neighborhood enhances the surrounding area and provides long-term value. Overall, we feel that that meets the intent of your comprehensive plan and all the key elements again of a well-designed community. And with that, I'll um thank you again for the pleasure of your time and um stand for any questions that you may have. Thank you,

Council Williams. Thank you, Madam President. Um thank you for your presentation. It's almost like you've either heard this or done this before and you knew what boxes to check. Maybe a few times. Thank you. I like the project. there there's really not a a lot of opposition here. So, it seems like a really small ask to kind of just check the one box that's hanging, okay, to agree to put the fencing up around these neighbors. Even though, pardon me, that's way later on in your development. I understand that's an expense not planned in phase one,

but from what I'm hearing, you've done all the other work in every other regard. It seems as though this would be an easy thing for you as the applicant to say we'll take care of that. Put the fences up first around those neighbors. Is that something you'd be willing to do as a condition? Um Madame President, um Council Member Williams, I think we I got the head shaking that I think we would be more than happy to have that as a condition of approval and to put up that fencing for the neighbors.

Perfect. Thank you. I just want to say that um in our discussion I do have some concerns that I'm going to talk to um staff about. But you do a really nice presentation and um I think that like if I didn't have the concerns that I had, I'd be jumping all you know. I think you do a really nice job. I just want you to know that. Um but unfortunately the the concerns that I have are not something you can solve. So, um, but I do appreciate you being here and for, you know, doing such a nice job. Thank you, and I don't see any other comments or questions. Okay. Thank you, council members.

Okay. So, since we have completed the public hearing, I will declare the hearing closed and the council can discuss the application before making motions and voting. Uh, councelor all good. Yes. I just had a quick question for Haley. I I'm looking at the Google map here and where Agape comes in next to where the the uh proposed roundabout is. Does that create an issue there being so close together? Is that I mean, are we even that far down the road yet?

Um, Councilman all good. Um, and sorry, Madame President. Uh, yes, certainly having two access points that close together is not ideal. We try not to remove existing driveway connections when development comes online. If the residents along Agape Way were interested in relocating their access onto uh Cirrus Drive, it certainly would be more ideal rather than having a driveway right off of the roundabout. But uh we are planning to do that roundabout per our Caldwell area transportation system plan. Some time between 2036 to 2041 is when we're expecting that that roundabout be necessary. Of course, if there's a lot of development in that area, that roundabout could come online sooner, of course. But, um, but yes, I would say that it's definitely not the ideal situation to have driveway access right next to a collector road. So, if they were interested in pulling driveway access off of Cirrus Drive rather than off of um Agape Way onto Lake, I think that that would be a more ideal situation. But with as part of this development, I'm not going to force them to close Agapy Way down on Lake.

Yeah. And they're in the county. They're not they don't fall under our city rules. Correct. So that Thank you. I appreciate that. Councelor Tilmont.

Um yeah, Haley, same question. I'm looking at this and I'm looking at the overlay and my engineer head is starting to spin. This is a right out only and they pretty much can only access agape if they're doing a right-hand turn off of Cirrus and doing a reverse U-turn to get into it. There's not there's no space. They're basically looking at the overheads. I'm looking at oh PP5. So the preliminary engineering sheet there's they're basically at the sidewalk or at the crossing. That's where their access point is. If I'm look if this is scaled correctly, they're basically their driveway is sitting in the crosswalk.

Yes, their their driveway is very close to Cirrus Drive. Um because Cirrus Drive connects to the to the east side, I would not propose that the applicant move Cirrus Drive to the north to provide more distance away from Agape because um we do want that backer road connectivity. And with this being a roundabout in particular, we want to make sure that they are in line with one another. So again, I I would just it's an unfort it's unfortunate that the driveway is right where we have master planned for Cirrus Drive. Um and if there is a desire to close Agape Ways connection onto Lake and connect rather onto Cirrus Drive, uh I would be I think that that would be a good proposal and the applicant may want to speak on that if they would be willing to assist with that connection.

I'm looking at this plan and your storm drain sewer field or your storm drain field. All your pipe work is sitting right about where I would put the drive if I was to access their property. Um, like I said, once again, my head's just spinning as an I'm looking at it going, there's no other way without ending up in the property that's to the west into their grass beyond their driveway. Um, that may have to move. That would be a lot of engineering rework. The the storm would have to

all the storm piping that I'm looking at that's sitting right in that block B6. Um if you had the thing it's on sheet 60 of 157. But I'm just kind of looking at it knowing enough about accesses, roundabouts, everything else. There's that's not going to be an easy fix.

Yes. Yes. And so that would some be something that if this access were to remain would need to be heavily coordinated during the roundabout design. Um that to your point, so the the engineering design for that roundabout is not complete. So any rework that would need to be done, it it hasn't been completed yet. Um as far as the applicant storm system Oh, and they're wait if you could that'd be perfect. Can I are we allowed to do that? Yes. Just you'll have to reopen up the Oh, I'm sorry. No, that's fine. If the the council president can do that as leading to reopen the meeting. Okay.

Just just public hearing reopen. Sorry. It's just I wasn't sure if that was

freaking access.

Thank you, Madam President. My name is David.

My office address is 11190 State Street in Eagle, Idaho. So we look we looked at this um you know when we put the project together and we understand that agopy way is there and they have a driveway that's there. The the unfortunate for the neighbors and the what we're uh faced with here is that Cirrus Drive is a long-term road needs to align with across the street that is accordance with the city plans and so we put the plan in there, you know, associated with that. So, whoever developed this property or even if they didn't develop and you're going to continue to connect Cirrus, which is an important collector street in your system, um you know, we would have this problem anyways, right? And then if you want to build the roundabout, even without Cirrus, um you still have this problem because that driveway is in the influence zone of the roundabout. Um so, what we're thinking is that we're not going to affect it and we're not going to tell them or the city, you know, what to do with that drive there. Uh but what does come is that we have a common lot that we're going to put utilities in. Um uh you as you noted there's some storm drains but that's a preliminary design and that could be changed and driveways can go on top of storm drain utilities. That's not a big deal um with the design. So um not a real effect but what we think might be a long-term solution and again we're not going to tell the neighbors of the city what to do is that Sirrus Drive is there. We provide an easement or even an approach built over that to the west of there. So agape drive can take access onto Cirrus Drive directly in the future. This solves the city's problem of what do we do with that driveway when we do the roundabout and uh may not be the optimal for the neighbors there, but there's going to be some solution at some point in the future anyway. So, you know, we we'd uh we think that that's a good solution, but again, we're not going to tell everybody what to do, but if if there's a a solution that works, we're uh we're willing to provide an easement or actually an approach at that point. So if they change their mind in the future, the city does, they have easily access

to that. From a traffic perspective, that makes the most long sense in the in the future is for that to get out their their drive to be able to access Cirrus Drive out of the influence zone of the roundabout and and works for them and and for everybody else. Okay. Thank you. That's what I was looking for. Okay. Thank you very much, Madam President. Council Williams. Haley, just to clarify for my sake, do I understand you to say regardless of this development, our plan is to put that roundabout at Cirrus Lake? That is correct. Okay. Thank you, Madam President. Just some housekeeping. We'll need to close the public record again since it's being reopened.

Okay. So, the public hearing is closed again. Okay. Any other questions or comments? Okay. I do have a question. Um, so I was just looking this over. One thing that I just want to be very clear about, um, I appreciate you working with Valley View Schools. I'm looking at their letter that does talk about their enrollment challenges. Um, in the letter they say Falcon Ridge Elementary is a new school. Um, they do they are concerned that it will be at capacity before 2030. And they I found this interesting. Falcon Ridge has capacity for 700 students. As it stands right now in its first year, they're at 647 students. So, they only have room for roughly 53 more students. Um, it then goes on to list out the current and proposed developments at various stages of approval of construction that will add enrollment pressure to West Canyon. And that's um they've listed out four different developments with the amount of homes coming in which are about 900 in that area and then this subdivision adds another 194 homes. So I think you're uh I think the presentation was great. I think it's a beautiful subdivision, but this is the kind of stuff that really concerns me is when we just don't have the uh capacity to take care of who we already have coming. And then my other question um for Haley um we heard can we get an update on the water situation in this area? I know it was a concern and we're also hearing about a drought. Um, Madam President, yes, absolutely. So, this subdivision is split between two water zones, zone two and zone

three. Zone two, we are completing improvements at one of our wells that will be improvements both for the pumps at the well and for the booster stations at the well that will help um increase capacity of this zone. In zone 3, we are currently under construction of a new well. This is occurring over at 10th and Homedale or excuse me Baron Homedale. So just a little bit west of 10th and this well is going to supply more water to this area. Until this well is constructed and we are able to do full well tests. I cannot state at this time how much capacity it's going to add again until we have that well fully operational. But I do expect that will to alleviate the concerns in pressure zone three that the subdivision is located in. The applicant has also provided a area in one of their common spaces for 10,000 square ft. It's a 23 acre lot to for where a well could be placed if we deem it necessary that we need to provide another well in this area.

And who would pay for that well? The um new wells are typically paid for through the water department as they serve large regions, not just single developments. So they would give you the space, but we would pay for it. Correct. Right. And we I mean Okay. I I'm concerned because we've had all the struggles with water bills going up, water rates, and then we know that there's a problem with water down here and like you said, we can't you can't make a determination on certain things until something's done being built that they and so that concerns me as well about sustaining just the basic needs for another subdivision, no matter how beautiful it is.

Um, and do you have any concerns about the drought that they're talking about? I think that there's definitely a concern for the drought that um the drought proclamation that was just broadcast and uh well proclaimed. Um this concern is not just Caldwell specific of course. It's um really regionally and valleywide. Um the as you know the the reason for the drought is because we had such an unseasonably warm winter which was quite pleasant for many of us. However, that means there's very little snow pack. So, we are going to we are already seeing a large amount of snow in the mountains melting at 10,000 ft. Normally, you don't start seeing that snow melt that high of elevation until further into the season. So, definitely there will be a shortage of our water supply um this year. The the drought is going to have a significant impact on our irrigation supply. Certainly our groundwater is going to see some effects with the drought as well where we have our municipal wells, but the most significant impact is going to be to our irrigation um to our irrigation. And when people have a shortage in irrigation, they start hooking their hoses up to the house and start using municipal water for irrigating.

Right. Okay. Thank you very much. I'm sorry. We've already closed the public hearing, but um I think that's just the way it is. I apologize. Any other questions for staff or discussion? Okay. So, um I guess the only thing I want to say is that, um I again think that the uh I think it's very beautiful. Um, but I think with the school population as listed out by Valley View and then of course the water issues in that area, not being able to even know where we're at with water until the well is complete along with the drought. I think this is uh definitely um I I just don't know how we can move forward with those things unanswered.

Um, councelor Denver, thank you. Um, I'm going to move this along. So, based upon the Caldwell City Code, the comprehensive plan, and upon the testimony and evidence in record, and the facts presented, I move that the annexation request of partial number R328250120 be approved. Second. Okay. So, we Sorry, Madam President. Sorry. Yes. Would that um motion include the removal of condition three as requested by staff? It would. Thank you.

Second. Okay. So, we have a motion and a second. Um and I guess we're good to go for votes. Denber, yes. Williams, yes. All good. Yes. Register? No. Tilmont. No. So, the motion passes 4 to two. I'm sorry, three to two.

Okay. And then we need a motion to approve the ordinance. Right. Yes, Madame President and council, we now need to move on. If it's an approval for annexation, now we need to move to an approval for the zoning associated with the annexation.

Okay. Is there a motion to do what she just said? Madame President, uh, based upon call city code, the comprehensive plan, upon the testimony and the evidence given in the facts presented and the applicable city code and the approval criteria, I move that proposed R2 zoning associated with the annexation of R 3282501200 be approved. Second. Okay. So, there's a motion and a second uh to approve the zoning. Denver, yes. Williams, yes. All good. Yes. Tilmont? No. Stoic? Register?

No. So, the motion passes three to two. Okay. Madam President, yes. Sorry. If we could, we'll now move on to the preliminary plat approval. Is there a motion for the preliminary plat approval?

We're looking for it. We don't see. We've got two reszone pages, but no plat approval page.

Yes. So number two, where it says zoning associated with annexation is what you just approved. Now if you flip to the third one, the reszone is for the parcel that's already annexed into the city that's not part of the annexation. So you'll need to read that one again. Um Oh, I see what you're saying. You don't have the prel you don't have the preliminary plat one. I know they need to do the res, but I didn't give them the preliminary plat one. I know. So, do we need a motion for the reszone or we already did that? No, you do need a motion for the reszone. So, a motion for the reszone. I feel like that's what we just did.

There's two reason. Yeah, there's So, there's an initial zoning that goes with the annexation and then there's a reszone on the parcel that's already existing. All right, I think I got this, but you guys will square it away. One is for the rezone of the anni of the annexa annexed property and the other is for the reszone of the current property that's already in city limits. That's correct.

Okay. So based upon Caldwell city code, the comprehensive plan upon testimony, evidence, and record in fact uh and the uh applicable city code approval criteria, I move that the proposed reszone from RS2 to R2 for parcel number R 328 20250 1100 be approved. Second. Tittenberg, yes. Williams, yes. All good. Yes. Tilmont. Yes. Stoic register. No.

Okay. Madame President, now council, if I did not give you a cheat sheet for for preliminary plat, I apologize. So, if if you are going to approve it, you can read it just like you did the reszone except state that you're approving the preliminary plat. Okay, I'll try this. uh based upon the Cwell city code the comprehensive plan and upon testimony evidence and record the facts presented and applicable city code approval criteria I move that we approve the preliminary plat for west build estate subdivision perfect okay is there a second

second um with the conditions as stated including the agreement for the vinyl fence for the neighbors. Yes. In the first phase or no, that was the other one. Denber, yes. Williams, yes. All good. Yes. Tilmont, no. Stoic, register, no. I promise we're good now. Okay. So, is that all of it? Right. Yeah. Now you can move on to the next item. Yeah. Okay. Question. Don't you need to do the ordinance? Do we need an ordinance? Ordinance is the next item. Yes. Okay.

So that's that is not on my paper. So Madam President, yes. I move to sponsor bill number 73, ordinance number 3725 associated with ANN25-000011 with a request to move for the passage by title only approve the summon for publication. Second. Okay. So motion and a second. Williams, yes. Dittenberg, yes. All good, yes. Tilmont, no. Restic, register, no.

Okay. So, now we're done with that one. All right. Very good. Okay. So, finance report. Madam Chair, I have to keep doing that. Madam President, I apologize.

Yes, they're all good. I move to approve accounts payable in the amount of $4,78,497.71 represented by check numbers 1 192537 through192882 and electronic payments and payroll in the amount of 921,35153 represented by check numbers 40763 through 4077 76 and direct deposits be accepted, payments approved, and vouchers filed in the office of the city clerk. Second.

Okay. So, it's been moved by councelor all good, seconded by councelor Tilmont to accept the finance report. This can be a uh just an I vote. Okay. And all those in favor. All those opposed. Okay. Great. Motion carries. Okay. So, uh, council reports. So, councelor Denber, um, councelor Al Good.

Um, I don't have anything except my good law enforcement buddies in the back. Uh, I went back and visited them with them. The on the abatement issue, that's been state code since 1998. Perfect.

Thank you, councelor Williams. Uh, councelor Allgood uh forgot to mention the library, but I'm glad he left something for me. Uh, there was a really good meeting had with Cushing Terrell. Uh, the mayor was present, and we're continuing to discuss the possibility of uh expanding and and uh remodeling uh our library along with our senior center. There's a lot of work to be done, but but it's it's really a good project just in planning and and vision and potential and so um keep it in mind. It's coming. Thank you, Councelor Tilmont. Um nothing tonight, councelor static. Nothing.

Okay. Okay. Well, I don't really have anything either except to thank everybody for coming and to letting me do this to Justin for putting together the script and um all the help with city stuff. And by the way, you did a really good job. Well, thank you. Thank you. Thank you all for Oh, wait. I do get one. Is that it? Are we done? Okay. So, we're