HomeMy WebLinkAboutRequest for Reconsideration - Verbena Ranch
February 7, 2025
Via email: ciytclerk@cityofcaldwell.org
Mayor and City Council
c/o Debbie Geyer, City Clerk
205 S 6th Ave.
Caldwell, ID 83605
RE: Verbena Ranch Request for Reconsideration – ANN24-000006/SUB24-000022 / SUB24-
000023/SUB24-000024/SUB24-000025/SUB24-000026/SUB24-000027/PUD24-000004
Dear Mayor Wagoner and City Council:
Toll Brothers (the “Applicant”) respectfully requests that the City Council reconsider its February
3, 2025 decision (the “Decision”) denying the above applications for Verbena Ranch.1 The
applications at issue include annexation, zoning, planned unit development, and subdivision for a
residential community with a mix of housing types (the “Project”) on 284 acres fronting on W.
Homedale Road between S. Montana Avenue and Bear Avenue (the “Property”).
As discussed below, reconsideration to approve the Project is warranted in this case because
substantial evidence in the record shows that all of the criteria for approving the Project
applications were met. Reconsideration is also warranted because the denial was based on a
mistake and because there is new evidence for the record supporting approval.
If reconsideration is granted, we are proposing the Council hold another noticed public hearing to
take testimony on the Project and impose additional conditions of approval to enhance the Project’s
compliance with the applicable criteria, which conditions are discussed below. In summary these
conditions include: requiring a minimum lot size of 5,000 SF and requiring that all lots west of
10th Ave. be age restricted.
Reconsideration to approve the Project will benefit the City by meeting the City’s need for housing
with a first-class residential community on land designated for residential use. Although Verbena
Ranch is a large project, it is in the right location, near schools (Falcon Ridge, Vallivue Middle,
and Vallivue High), and a regional transportation corridor (SH 55). Larger projects like Verbena
Ranch allow for better overall master planning and connectivity and also allow the Applicant to
make large upfront regional infrastructure improvements that benefit the City as a whole.
VERBENA RANCH PROJECT
Verbena Ranch is a residential community designed to offer a mix of housing types for Caldwell’s
citizens. These include single-family detached housing, clustered cottage court residences, and
1 This request is made pursuant to Idaho Code Section 67-6535 and Caldwell City Code § 10-3-12(4). The Findings
Criteria, Conclusions of Law, and Decision from the Decision are attached as Appendix A.
multi-family four-plexs. Verbena Ranch also includes areas restricted to 55+ ages. The Project
includes large open spaces and amenities that exceed all City standards. The Property is in the
City’s area of impact and the City has annexed land all around the Property.
We have been working with the City’s planning, engineering, and public works staff on Verbena
Ranch for more than two years in order to plan, design, and engineer the public infrastructure and
services. Toll Brothers has willingly taken on significant public infrastructure projects to not only
serve Verbena Ranch, but large areas of western Caldwell. These projects include:
1. Zone 3 and 4 Regional Well. The Applicant has agreed to design and install a well for
the City on the Property and to donate property to the City to be used for a regional City
well. This well is needed to provide increased water pressure in the City’s Zone 3 and
Zone 4 service areas. The well location is shown on Exhibit A, which is new evidence to
support testimony from City engineering staff.
2. 10th and Homedale Intersection Improvements. The Applicant has agreed to design
and construct a 3X3 signalized intersection at the intersection of 10th/Homedale prior to
any home being occupied. This intersection is the City’s top priority improvement on the
recently adopted CIP and has an estimated cost of $2.5M.
3. Extension of the Kimball Trunk Line. The Applicant has already started work to extend
the City’s Kimball sewer trunk line from Laster Lane south to the Verbena Ranch
property. This sewer trunk line extension benefits the City by building out the City’s
master plan and making City sewer services available west of 10th Ave.
4. Public Road Extensions and Widening. Significant improvements will be made to
Homedale Rd. and 10th Ave. by widening and adding detached bike/pedestrian paths.
The Project will also construct approximately 1.5 miles of new collector roads (Moss St.
and Bear Ln.). These regional traffic improvements will improve current transportation
conditions, increase regional connectivity, and more than off-set the impact of the Project.
Including right-of-way value, all of these improvements are estimated to cost approximately
$16,000,000.
RECONSIDERATION
Reconsideration of the Decision is warranted for the following reasons:
• The denial was based on a mistake and there is new evidence for the record. At the
January 21, 2025 public hearing, the Applicant and planning staff presented testimony
regarding an on-site regional city well. Deliberations of the Council indicate a
misunderstanding that the proposed well is not just to serve Verbena Ranch, but is intended
as a regional City well to serve Zones 3 and 4. The proposed well is needed without
Verbena Ranch and will increase City water capacity and address ongoing pressure issues.
A site plan showing the regional well location is attached as Exhibit A.
• Substantial evidence in the record shows that all of the criteria for approving the
project applications were met. The Decision concludes that only two out of the twenty
approval criteria are not met. Per the Decision, all approval criteria for the planned unit
development and subdivision applications were satisfied. However, one annexation criteria
and one rezone criteria were allegedly not met. These findings are inconsistent with the
evidence in the record.
o On the annexation, the criteria the Decision finds is not met is that the annexation
is reasonably necessary for orderly development. The record provides significant
evidence of this. For instance, the Property is in the City’s area of impact, the City
has annexed land on all sides of the Property, all necessary utilities are stubbed to
the Property.
o On the rezone, the Decision concludes that the proposed R-1 zoning will create
significant adverse impacts to the surrounding neighborhood. However, the
evidence in the record shows that the zoning around the Property is R-1 or R-2,
consistent with the Applicant’s request. Further the record shows that all of the land
in the vicinity of the Property is designated as low density residential, which is
consistent with the requested R-1 zoning.
PROPOSED ADDITIONAL CONDITIONS
Following reconsideration, the Applicant is proposing the following two additional conditions of
approval to further ensure the Project complies with the approval criteria:
1. Age Restriction: All of the homes west of 10th Ave. shall be age restricted to 55+.
2. Minimum Lot Size. The minimum lot size for the entire community shall be revised to
prohibit lots less than 5,000 SF.
The first proposed condition was offered by the Applicant at the January 21, 2025 City Council
hearing. It furthers the Project’s conformance by reducing impacts on services and minimizing
traffic impacts. The second proposed condition is provided to address Council comments about
the Project’s compatibility with surrounding uses and conformance with the comprehensive plan.
Attached as Exhibit B is a figure showing how the Project will change to accommodate 5,000 SF
minimum lot size. In order to increase the minimum lot size, approximately 17 lots will be
removed. No changes to the general layout of the community are needed or proposed.
CONCLUSION
Thank you for your time and attention to this request for reconsideration. We are asking that the
Council grant this request, hold another noticed public hearing, and approve the Project
applications with the additional conditions of approval.
Sincerely,
s/ Martin Taylor
cc:
Joe Dodson (jdodson@cityofcaldwell.org)
Mark Hilty (mhilty@hbhslaw.com)
Exhibit A – Well Location Map
Exhibit B – Revised Site Plat
Appendix A – Decision Excerpt