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From YouTube: Boise City Council - Evening Session
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A
Will
invite
anyone
who
would
like
to
come
up
and
make
comments
to
the
in
front
of
council
to
please
feel
free
to
do
that.
So
with
that
we
have
the
confirmation
of
Isabel
Alvis
Reyes
amulya
tanikella
Lillian
stahlberg
Esther
Davis
Gavin
Cloyd
Riley
Chung
Pierre
Johan
Len
Hannah,
amick,
Johanna,
Catherine,
Benavides,
Sky
Cambron
to
the
youth
climate,
Action
Council
for
a
term
ending
June
30th
2023.
B
Not
a
mayor,
yes,
I,
ask
for
unanimous
consent
for
the
confirmation
of
all
the
above
Young
Folks
to
the
youth
climate,
Action
Council
for
a
term
ending
June
30th
2023.
A
E
Madame
mayor
I've
got
something
yes,
so
I
had
the
wonderful
privilege
to
get
to
say
hi
to
you
at
our.
Your
first
meeting
is
probably
about
a
month
ago
at
this
point,
and
it
was
really
exciting.
For
me,
it's
really
exciting
any
single
time
you
get
to
see
young
people
who
will
be
not
only
the
Future
Leaders,
but
our
current
leaders
right
now
and
that
are
stepping
up
to
make
a
difference
and
it's
exciting,
because
you
know
that,
like
good
work
is
going
to
continue
on
down
the
road.
E
But
I
was
a
little
embarrassed
because
during
the
opening
session
there
was
an
icebreaker
and
the
Icebreaker
was
what
is
your
favorite
Taylor
Swift
song
and
I
didn't
have
a
good
answer
at
the
time.
So
I
did
some
research
and
there
were
lots
of
really
great
ones
to
choose
from
and
then
the
one
that
I
settled
on
was
actually
a
duet
with
Taylor,
Swift
and
James
Taylor
and
they
sang
Fire
and
Rain.
E
A
E
Think
the
reason
that
I
settled
on
that
song
and
I
thought
that
was
really
exciting
was
this
gap
of
somebody
who
had
proven
themselves.
Somebody
who
had
done
a
lot
of
work,
who
was
a
master
Storyteller
for
generations
and
their
their
voice,
lives
on,
and
then
somebody
younger
coming
in
and
partnering
with
them,
and
that
20
or
30
years
down
the
road
she's
going
to
be
the
one
who's
going
to
be.
The
older
person
and
she's
going
to
be
passing
on
her
song
to
another
future
generation
and
I.
E
Think
that
that's
really
important
with
all
the
work
that
we
do
is
that
we
recognize
all
the
work.
That's
been
done
by
so
many
people
in
the
past.
But
we
also
make
sure
that
we're
eager
to
pass
that
on
to
Future
Leaders,
so
I'm
so
excited
for
you
all
I'm
in
the
journey
that
you're
about
to
go
on
and
the
leadership
that
you're
going
to
bring
to
this
community
in
the
future.
So
thank
you.
A
Thank
you
Jimmy
other
comments,
well,
I'm,
just
gonna
pipe
in
I
love
that
you
all
stepped
up
to
face
this
challenge.
We
have
very
aggressive
climate
goals
in
this
city
and
we
think
that
we
can
do
it
and
the
reason
why
we
think
we
can
do
it
is
because
we've
had
input
from
young
people
throughout
the
many
years
when
I
first
came
to
council
and
served
on
the
Public
Works
commission
I
remember
we
were
looking
at
recycled
water
and
the
response
between
Generations
was
just
shocking.
A
A
Wouldn't
we
recycle
water
like
this,
makes
perfect
sense,
so
I
think
it's
really
remarkable
that
you
all
stepped
up
to
offer
that
fresh
perspective,
because
you
know
this
world
is
yours
and
we
really
owe
it
to
Future
generations
to
make
sure
that
we're
doing
our
very
very
best
in
preserving
the
wonderful
things
that
we
have
so
I
appreciate
you
stepping
up
very
much
any
other
comments
before
we
move
on.
B
Congratulations
to
all
of
you
for
stepping
forward.
I
know
that
there
are
some
folks
who
are
harboring
secret
wishes
to
do
what
you're
doing
and
they're
looking
for
a
sign
that
they
too
should
step
up
and
take
on
a
leadership
role.
Sometimes,
when
we
hold
those
leadership
roles,
we
we
forget
how
powerful
we
are,
and
the
power
that
you
hold
is
to
create
the
space
so
that
those
folks
who
may
be
a
little
shy
and
they
don't
recognize
those
leadership
qualities
within
themselves,
that
you
can
be
the
one
to
identify
them.
B
So
I
would
encourage
you
as
you
move
forward,
and
you
take
advantage
of
even
more
leadership
roles
as
they
open
up
that
you
look
around
your
immediate
community
and
you
help
identify
those
folks
and
you
can
be
the
person
to
make
them
feel
welcome
and
to
step
into
their
full
flower
like
you
are
doing
so.
Thank
you
so
much
for
doing
this
and
congratulations.
A
All
right
last
chance,
oh
yes,
please
come
up
come
up
to
the
microphone
so
that
we
can
all
hear
you
and
just
let
us
know
what
your
name
is.
Please
all
right!
My
name
is.
H
Hannah
amick
and
I
just
wanted
to
say
thank
you
to
you
guys
for
having
this
youth
climate
Action
Council
in
general,
because
it's
super
cool
to
have
a
platform
where
we
can
actually
like
bring
change
to
fruition
in
this
cool
City
and
also
today,
is
like
a
pretty
big
day,
because
the
world's
population
reached
8
billion,
which
is
kind
of
crazy,
and
the
fact
that
cities
like
Boise
are
adopting
these
youth
kind
of
action.
Councils
and
and
making
these
policies
is
super
cool
and
I
really
wanted
to.
Thank
you
so
yeah.
Wonderful,
thank.
A
You
Hannah
anyone
anyone
else
from
the
youth
climate,
Action
Council
all
right.
Well,
thank
you
again
for
being
here
and
we
very
much
look
forward
to
your
wise
guidance
as
we
move
forward
on
our
climate
goals.
Thank
you
all
right.
Next
up
we
have
the
appointment
of
Ben
Taylor
to
the
plumbing
mechanical
and
fuel
gas
board
for
a
four-year
term,
ending
November
2026.
B
Madame
mayor,
yes,
I,
ask
unanimous
consent
for
the
appointment
of
Ben
Taylor
to
the
plumbing
mechanical
and
fuel
gas
board
for
a
four-year
term,
ending
November
2026.
without.
D
I
appreciate
it,
I
really
appreciate
you
guys
taking
the
chance
to
let
me
get
in
on
the
board
and
hopefully
help
the
city
move
in
the
direction
that
they
need
to
move
in
and
be
open
to
anybody
in
their
comments.
So
I
don't
know
if
you
can
hear
me
or
not,
but
just
want
to
say
thank
you
and
and
look
forward
to
the
four
years
helping
out.
A
Yep
we
can
hear
you
and
we
appreciate
your
service
and
we
appreciate
you
being
with
us
here
tonight.
We
have
a
big
book
of
business
right
now
in
all
of
these
areas,
and
so
your
services
really
appreciated.
Then.
A
All
right
next
up,
we
have
the
ratification
of
the
appointment
of
Amanda
Ryan
Tim
Flaherty
and
Paige
oding
to
the
Boise
City
Ada
County
Housing
Authority
board
through
October
31st
20.
Oh,
wait!
Sorry
I'm
gonna
amend
that
ratification
of
the
appointment
of
Amanda
Ryan
to
the
Boise
City
Ada
County
Housing
Authority
board
through
October
31st
2023.
A
B
A
All
right,
it
doesn't
look
like
Amanda's
with
us
tonight.
Madame
mayor,
we're
on
item
13
under.
A
J
Business
great,
thank
you.
Sorry,
I'm
late,
everybody
I
was
giving
comments
and
signing
a
proclamation
on
National
apprenticeship
week
with
the
Secretary
of
Labor
who's
in
town
and
I'm.
So
sorry
that
I
missed
our
climate,
Action
Council
students
I
was
able
to
see
some
of
them
as
they
left
so
number
13.
We
are
ratifying
the
appointment
of
Tim
Flaherty
to
the
Boise
City
Ada
County
Housing
Authority
board
through
October
31st
2027..
It's
a
lot
of
people
here
tonight
is
Tim
here
all
right,
Tim.
Let
us
know
if
you're
online
without.
B
I
request
unanimous
consent
for
the
ratification
of
the
appointment
of
Tim
Flaherty
to
the
Boise
City
Ada
County
Housing
Authority
board
through
October
31st
2027..
Without.
B
K
Thank
you,
madam
mayor
members,
Council.
So
on
September,
23rd
or
sorry,
September
13th,
the
council
upheld
the
applicant's
appeal
of
drh-22-00123
and
it
instructed
staff
to
come
back
with
a
revised
conditions
of
approval
and
reason
statement
for
the
decision.
That's
in
your
packet
tonight
and
we
would
request
your
approval
of
that
document.
I
am
available
for
any
questions.
K
A
Reviewed
the
amended
conditions
of
approval
and
findings
and
move
that
we
approve
drh22-123,
revised
findings
and
conditions
of
approval.
Second,.
J
I
L
A
F
F
A
Yes,
so
Madam
mayor
these,
we
pulled
these
items
at
the
request
of
council
member
Willits
and
earlier
tonight
we
had
a
work
session
that
detailed
our
commitment
to
protecting
Parklands
and
open
space,
and
this
is
the
first
group
of
resolutions
that
places
those
deed
restrictions
on
current
Parks,
owned
by
the
city
of
Boise
and
open
space
owned
by
the
city
of
Boise.
A
It's
a
pretty
large
group
of
parks
and
so
we're
doing
them
in
several
smaller
groups
alphabetically
the
first
one
of
these
is
aldape
Park,
which
is
my
neighborhood
park.
I'm
very
happy
very
excited
that
it
will
be
protected
into
perpetuity
and
so
I
move
that
we
approve
res-668-22.
C
Thank
you,
councilmember
weddings,
I
think
this
is
such
a
remarkable
opportunity
that
it
deserves
some
some
additional
discussion.
We've
had
a
work
session
on
it.
You
know
I
one
of
the
things
that
makes
Boise
so
special
is
our
parks
and
the
fact
that
we
do
have
parks
in
this
city.
We
want
to
preserve
our
Parks.
We
don't
want
those
parks
to
be
developed
because
we
want
to
be
able
to
walk
to
them,
enjoy
them,
and
this
is
the
first
step.
C
As
the
pro
tem
said,
we
are
doing
the
first
10
today,
including
some
in
West
Boise,
including
my
neighborhood,
to
Meyer
Park
and
also
Charles
mcdeva
Park
and
we're
protecting
those
so
that
we
can
make
sure
that
that
they
live
in
perpetuity.
We
also
had
a
presentation
at
the
work
session
about
a
separate
effort
by
community
members
that
may
go
even
a
step
further,
we'll
know
more
soon,
whether
that's
well,
that
whether
that
will
be
on
the
ballot
or
not,
but
I
think
this
is
a
great
first
step
and
we
need
to.
C
We
need
to
celebrate
it
and
and
sure
that
folks
know
that
this
is
important
to
the
city.
Thank
you.
F
B
I
Ord-53-22
an
ordinance
car
22-00013
for
property
located
at
2171,
East
danzi
Drive,
amending
zoning
classifications
of
the
city
of
Boise
City
to
change
the
classification
of
real
property,
particularly
described
in
section
one
of
this
ordinance
and
adjacent
rights
of
way
from
A-1,
open
land
to
m-1d,
slash
d,
a
light
industrial
with
design
review
and
a
development
agreement.
Setting
forth
A
Reason
statement
in
support
of
such
zone
change
in
providing
an
effective
date.
I
Ord-51-22
an
ordinance
enacting
a
property
tax
rebate
program
as
authorized
by
Idaho
code,
section
50-235,
reaffirming
that
1.2
million
dollars
has
been
appropriated
to
fund
the
tax
rebate
program,
providing
instructions
and
deadlines
for
property
taxpayers
to
apply
for
a
property
tax
rebate.
Setting
forth
the
formula
to
be
used
to
calculate
property.
Tax
rebates,
providing
a
method
for
distribution
of
property
tax
rebates
and
providing
an
effective
date.
A
Matamir
I
move
that
all
rules
of
the
council,
interfering
with
the
immediate
consideration
of
ORD
55-22,
be
suspended,
that
the
portions
of
Idaho
code,
section
50-902,
requiring
an
ordinance
to
be
read
on
three
different
days
twice
by
title
and
once
in
full,
be
dispensed
with
and
that
the
records
show
it
has
been
read
the
third
time
in
full.
Second,
you.
I
F
F
I
All
in
favor
motion
carries
ord-55-22
an
ordinance
car
22-00007
for
property,
located
at
915
North
Shamrock
Street,
amending
zoning
classifications
of
the
city
of
Boise
City
to
change
the
classification
of
real
property,
particularly
described
in
Section
1
of
this
ordinance
and
adjacent
rights
of
way
from
A-1
openlands
park
zone
to
r-1c
single-family
residential
Zone,
setting
forth
A
Reason
statement
in
support
us
with
Joan
James,
providing
for
a
waiver
of
the
reading
rules
and
providing
an
effective
date.
Metamere.
F
L
M
J
Thank
you
and
now
we
will
move
into
the
public
hearing.
This
is
an
appeal,
so
drh
22-74,
it's
an
appeal,
so
we
will
start
first
with
City
staff,
Caitlin
manage
and
then
Bonnie
Bonnie
hardest
hi
Bonnie
Bonnie
is
the
appellant.
So
are
you
still
representing?
Are
you
speaking
tonight.
J
J
J
Okay
and
then
neighborhood
association
and
then
we'll
go
to
the
public
and
then
a
rebuttal
by
first
the
applicant
and
then
the
appellant
I
have
a
list
of
folks
that
have
signed
up.
J
But
if
you
didn't
catch
the
sign
up
sheet
and
I,
don't
call
your
name
just
know
that
there'll
be
a
chance
for
you
to
sign
up
and
stand
up
and
testify
if
you're,
a
party
of
record,
which
I've
also
got
a
list
of,
and
we
can
just
go
back
and
forth
and
check
if
we
need
to
so
I've
got
these
that
I'll
start
with,
and
if
anybody's
online
I
will
do
the
same
thing.
J
I'll
probably
start
with
folks
in
person
and
then
move
to
the
to
on
so
that
people
can
go
home
if
they
want
and
then
move
online
after
that,
and
you
can
re
we'll
give
you
a
chance
to
raise
your
Zoom
hand
and
once
it's
time
so
with
that
go
ahead
and
welcome.
O
Thank
you.
Thank
you.
Madam
mayor
and
council
members.
I'm
Caitlin
manage
with
the
design
review
Division
and
before
he
was
an
appeal
of
drh22-00074
and
appeal
of
the
Planning
and
Zoning
commission's
approval
of
a
designer
View
application
for
an
industrial
Warehouse
development
comprised
of
seven
buildings,
totaling
approximately
1.2
million
square
feet
on
78
Acres.
O
The
design
review
application
was
submitted
on
March
1st
and
approved
by
the
designer
view
committee
at
their
May
11th
hearing
the
appellant
party
consisting
of
the
Blue
Valley
tenant
association,
Blue
Valley
owners
and
South
eisenmann
neighborhood
association
appealed
the
approval
on
May
20th
2022.
The
Planning
and
Zoning
commission
denied
the
appeal
at
their
September
12th
meeting.
The
appellant
party
appealed
the
Planning
and
Zoning
commission
decision
on
September
22nd
and
now
the
appeal
is
before
city
council.
It
is
at
the
discretion
of
city
council
to
consider
any
evidence
or
information
in
their
decision.
O
The
project
is
located
off.
Winco
court
on
the
east
side
of
eisenmann
road,
the
Blue
Valley
Community,
is
located
to
the
North
and
the
WinCo
Distribution
Center
is
located
to
the
South
Blue
Valley
is
a
legal
non-conforming
use
that
was
approved
in
Ada
County
through
conditional
use
approvals
in
the
1970s
and
annexed
into
the
city
of
Boise
in
2013.
O
O
The
applicant
is
proposing
seven
spec
industrial
Warehouse
buildings,
totaling
approximately
1.2
million
square
feet
and
the
applicant
will
be
constructing
WinCo
Court
from
the
southeast
towards
the
northwest
of
the
site
and
will
construct
Warehouse
way
within
the
existing
right-of-way
on
the
west.
Building,
a
the
building
closest
to
Blue
Valley
is
oriented
so
that
the
truck
docks
are
on
the
opposite
side
from
Blue
Valley
and
the
applicant
is
also
proposing
a
landscape
buffer
along
building
a
the
appellant's
referenced
to
the
Boise.
Zoning
ordinance
appeal
findings
as
their
grounds
for
appeal.
O
The
submitted
materials
do
not
demonstrate
that
the
Planning
and
Zoning
commission
decision
violates
constitutional
federal,
state
or
city
law.
The
applicant
is
required
to
follow
all
requirements
and
regulations
of
the
Departments
and
agencies.
Therefore,
the
planning
team
does
not
find
this
a
valid
ground
for
appeal.
O
The
commission's
decision
was
also
not
shown
to
seed
ex
to
exceed
its
statutory
Authority.
The
proposed
uses
within
the
project
are
allowed
within
the
M2
Zone.
The
design,
Review
Committee
and
planning,
and
zoning
commission
reviewed
the
design
of
the
project
and
included
requirements
to
comply
with
the
zoning,
ordinance
and
design
review
standards
and
guidelines
to
minimize
impacts
to
adjacent
properties
within
their
Authority.
O
O
The
submitted
materials
do
not
demonstrate
that
the
commission
made
their
decision
in
an
arbitrary
or
capricious
manner
or
that
their
decision
was
an
abusive
discretion.
The
commission
reviewed
the
project
in
accordance
with
the
applicable
design
review
approval
criteria.
The
project
approval
includes
a
number
of
site-specific
conditions
to
minimize
impacts
to
the
adjacent
property,
many
of
which
exceed
those
required
by
the
zoning,
ordinance
and
design
review
standards
and
guidelines.
O
The
submitted
materials
do
not
demonstrate
that
the
commission's
decision
was
not
supported
by
substantial
evidence.
It
is
apparent
that
the
design
review
approval
criteria
have
been
addressed
to
the
action
letter,
findings,
analysis
and
site-specific
conditions
placed
on
the
project.
Traffic
impacts
will
be
minimized
by
the
roadway
improvements
that
will
be
constructed
per
achd
requirements.
The
applicant
completed
a
traffic
impact
study
and
will
construct
new
Northbound
Center
term
lands
on
eisenmann
Road.
New
public
sidewalks
will
be
constructed
along
the
roadways
adjacent
to
the
project.
Pedestrian
connections
and
bicycle
parking
will
enhance
The,
Pedestrian
and
cycling
networks.
O
O
The
building
designs
comply
with
the
design,
review,
standards
and
guidelines
requirements
in
terms
of
massing
relief,
facade
design
and
Architectural
details.
The
project
minimizes
impacts
to
the
adjacent
residential
use
by
providing
an
increased
North
setback
installing
the
landscape
berm
along
the
north,
limiting
truck
idling
hours
and
restricting
light
levels.
The
planning
team
does
not
find
us
a
valley
ground
for
appeal.
O
The
applicants
were
agreeable
to
a
number
of
conditions
that
Medicaid
impacts
to
the
adjacent
residential
use.
The
approval
includes
the
conditions
that
limit
the
hours
of
truck
idling,
specify
a
design
for
the
north
landscape,
buffer
adjacent
to
the
building,
clarified,
drainage
requirements,
limit
light
levels
and
Screen
mechanical
equipment.
O
So
Planning
and
Zoning
commission
included
three
additional
requirements
that
building
a
is
to
be
constructed
first,
that
the
north
privacy
fences
to
be
located
at
the
top
of
the
landscape.
Firm
and
that
the
rooftop
equipment
on
building
a
is
set
back
from
the
north.
The
planning
team
believes
that,
with
these
conditions,
the
project
will
adequately
mitigate
impacts
and
comply
with
the
design
review
findings.
O
The
building
is
approximately
120
feet
from
the
north
property
line.
The
buffer
condition
requires
an
alternating
double
row
of
trees,
with
each
row
being
planted
no
farther.
Apart
than
80
percent
of
their
mature
width.
The
conditions
also
require
the
applicant
to
complete
the
buffer
prior
to
occupancy
of
any
buildings
and
building
a
must
be
constructed
first.
F
Thanks
Caitlin
I've
got
three
questions
to
make
sure
that
I'm
right
about
a
few
things
first,
this
is
all
within
the
airport's
area
of
impact.
Is
that
right.
F
A
P
Council
president,
oh
that's
fine!
Thank
you.
Thank
you
for
sorry.
I
had
to
join
late,
but
here
I
am
I.
Had
a
question
about
the
size
of
the
trees
on
the
Landscaping
berm
to
the
north
between
the
development
and
the
Blue
Valley
development.
It
appears
that
there's
quite
large
trees,
but
on
the
rest
of
the
site
it
appears
that
most
of
them
are
quite
small
and
I
wondered.
If
that
meets
our
design
review
requirements.
O
P
O
J
J
J
J
Q
Mayor
council,
my
name
is
Dennis
Walker
I'm
managing
member
of
Blue
Valley
LLC,
my
partner
and
I,
along
with
our
families,
have
owned
Blue
Valley
for
36
years.
I
would
like
to
take
this
opportunity
to
thank
former
mayor
David
beader
for
the
following
words
regarding
Blue
Valley
quote
somewhere
in
the
past
government.
Let
these
folks
down,
if
you
have
an
opportunity
to
make
right
what
wasn't
we
in
government
ought
to
take
that
opportunity.
Q
Q
Creating
this
District
placed
the
well-being
of
these
of
this
community
squarely
in
the
lap
of
this
city.
20
years
have
passed,
and
the
city
has
done
nothing
to
fix
the
problems
they
created
for
blue
Val.
I
has
not
been
treated
as
a
stakeholder
with
long-term
property
rights
instead,
who
Valley
and
its
residents
are
repeatedly
forced
to
play
The
Unwanted
role
of
adversaries
before
this
Council?
Q
Has
there
been
any
protective
Planning
by
the
city
to
prevent
obvious
land
use
conflicts
between
Blue,
Valley
and
Developers
before
they
materialized?
Yes,
there
has
been.
It
is
stated
in
the
zoning
codes
of
this
city,
where
it
says
M2,
land
should
be
separated
from
commercial
or
residential
development
and
M2
uses
should
not
create
hazardous
conditions
without
input
from
Blue
Valley
or
its
residents.
Q
This
city
rezoned
the
land
under
and
around
us
to
Industrial
use,
ignoring
this
guidance
as
the
city
or
CCDC
fostered
Community
engagement
with
blue
valley
and
its
residents
to
discuss
how
we
can
benefit
from
the
urban
renewal
process
as
a
city
or
CCDC
conducted
any
traffic
impact
analysis
or
mitigated.
Substandard
conditions
of
Horizon
Road
eisenmann
Road
does
not
meet
the
standards
for
industrial
use,
Erman
now,
service,
Services,
thousands
of
additional
cars,
trucks
and
trucks
causing
thousands
of
dangerous
interactions
with
the
residents
of
Blue
Valley.
Q
Q
The
real
responsibility
for
those
Who
oversee
zoning
is
a
moral
one
is
about
social
equity,
social
equity
and
respect
for
those
who
live
at
Blue
Valley,
a
community
in
existence
for
nearly
half
a
century.
There
are
no
boxes
for
Blue
Valley
residents
to
check
Blue
Valley
and
its
residents
are
stakeholders
with
inherent
rights.
They
rely
on
City
officials
to
form
not
only
their
legal
obligations
but
their
ethical
duties.
Those
officials
have
the
duty
to
protect
and
enhance
the
safety
and
general
welfare
of
its
citizens.
Q
That
is
also
stated
clearly
in
the
zoning
codes
of
this
city
before
this
Council
decides
where
we
go
from
here.
We
urge
you
to
think
a
second
time
think
about
what
Blue
Valley
is
what
Blue
Valley
and
its
residents
are
being
forced
to
accept
something
that
you
would
not
force
on
any
other
neighborhood
or
homeowner
in
this
city.
We
ask
for
the
same
respect.
We
ask
that
you
take
the
opportunity
that
Mr
Peter
spoke
about.
Please
take
this
opportunity
to
make
it
right
for
the
community
of
Blue
Valley.
J
M
N
N
The
properties
industrial
zoning
is
consistent
with
the
entire
Gateway
East
Corridor,
the
city's
primary
area
identified
for
future
industrial
growth.
As
shown
on
this
zoning
map,
this
property
has
heavy
industrial
to
the
south,
east
and
Northwest.
Nearly
all
of
the
property
in
the
area
has
industrial
zoning
and
the
area
is
not
already
zoned,
as
industrial
are
designated
on
the
future
land
use
map
for
future
industrial
zoning.
N
N
N
The
commission
properly
determined
the
project,
met
the
applicable
design
review
standards
with
the
addition
of
conditions
expressly
agreed
to
by
the
applicant.
The
commission's
decision
is
entitled
to
do
consideration,
based
on
the
commission's
substantive
expertise
in
applying
the
city's
design
standards
and
evaluating
development
projects.
N
Foreign
submitted
to
the
council
in
support
of
their
appeal
appellants
have
asserted
that
this
commission
failed
to
follow
certain
guidance
in
the
city
code
and
under
Lupa.
Neither
Provisions
cited
by
appellons
is
applicable
here.
First,
the
appellants
point
to
Boise
city
code,
section
1104061b.
The
appellant
mentioned
that
again
this
evening
in
his
testimony.
This
is
the
statement
of
purpose
for
the
heavy
industrial
zoning
District.
The
provision
does
not
support
any
finding
of
error
in
this
case,
because
the
commission
decision
does
not
involve
any
zoning
decision.
N
N
A
palant's
primary
argument
on
appeal
is
that
the
Project's
Industrial
Park
use
should
not
be
located
adjacent
to
the
non-conforming
Blue
Valley
residential
use.
Compatibility
of
uses
was
not
before
the
Commission
in
this
design
review
application
only
design.
The
decision
governing
what
uses
are
allowed
on
the
property
was
made
more
than
20
years
ago.
N
For
instance,
building
setbacks
have
been
significantly
increased,
adjacent
to
Blue
Valley,
the
closest
building,
a
is
set
back
120
feet
where
only
15
feet
is
required
under
city
code.
The
proposed
Building
height
to
parapet
is
only
40
feet
where
55
feet
is
allowed
in
the
M2
Zone.
The
site,
design
orients,
building
a
along
the
border
with
blue
valley
to
act
as
a
buffer
between
any
industrial
loading,
docks
and
Freight
area.
N
On
the
north
side
of
building
a
within
that
increased
120
foot
setback,
the
project
includes
a
50-foot
wide
and
tiered
16
foot
tall
raised
Landscaping
berm.
The
Landscaping
requires
daggered
rows
of
trees,
planting
it
planted
at
80
percent
full
occupancy
or
excuse
me
full
canopy.
Spacing
the
setback.
Buffer
and
berm
design
will
minimize
light
noise
and
visual
impacts
on
Blue
Valley.
N
The
commission
carefully
evaluated
the
project
site
and
structure,
design
related
and
elected
based
on
that
design
to
impose
additional
conditions,
all
of
which
the
applicant
agreed
to
building
a
must
be
built
first
to
act
as
a
buffer,
as
was
requested
by
the
neighbors.
A
privacy
fence
must
be
built
on
top
of
the
landscape
firm.
Instead
of
on
the
Northern
side
of
the
berm
and
all
mechanical
equipment,
screening
must
be
set
back
further
from
the
northern
edge
of
building
a
to
further
minimize
height
impacts.
N
The
commission
not
only
evaluated
the
design
the
project
designed
to
minimize
impacts
on
adjacent
residential.
The
commission
also
carefully
evaluated
each
of
the
relevant
design
review
criteria
and
appropriately
found
that
they
were
met.
In
this
case,
the
commission
properly
concluded
the
site,
design,
minimizes
traffic
impacts
on
pedestrians
and
cyclists,
with
sidewalks
landscaping
and
safe
parking
design,
landscape
screens,
buffer
adjacent
uses.
The
on-site,
grading
and
drainage
will
minimize
runoff
and
provide
erosion
control.
N
The
utilities
will
be
underground
so
as
not
to
just
detract
from
the
building
design.
The
building
massing
is
consistent
with
other
architecture
in
the
area
and
will
be
very
similar
to
other
warehouses
in
the
area
and
the
facade
openings
are
consistent
with
industrial
design
in
the
area,
provide
weather
protection,
offer
visual
interest
and
avoid
blank
walls.
N
Appellants
have
asserted
the
area.
Roadways
are
not
sufficient
to
support
the
project,
but
evidence
in
the
record
shows
otherwise.
The
Project's
traffic
impact
study
and
achd's
agency
comments
both
concluded
that,
with
the
addition
of
left,
turn
Lanes
at
the
intersections
of
eisenmen
at
Freight,
Street
and
WinCo
Court,
the
roadways
serving
the
project
will
continue
to
operate
at
full,
build
out
of
the
project
at
acceptable
levels
of
service.
N
The
proposed
industrial
use
is
allowed
and
consistent
with
its
long-standing
zoning
and
the
city's
comprehensive
plan
for
the
property.
The
applicant
has
worked
hard
to
accommodate
the
neighbor's
concerns
through
thoughtful
site
design
and
the
extensive
buffering
along
the
shared
boundary.
The
design,
Review
Committee
and
the
commission
have
technical
expertise
and
design
review
issues
and
both
properly
approved
the
project
appellants
have
not
provided
support
for
their
asserted
grounds
for
appeal
or
demonstrated
any
error
that
would
give
the
council
a
reason
to
reverse
or
modify
the
commission's
decision.
N
A
N
Mayor
council,
member
woodings,
the
privacy
fence
was
actually
originally
proposed
on
the
the
north
up
on
the
parking
lot
side,
and
then
the
neighbors
did
request
a
fence
along
their
property,
but
a
split
rail
fence
so
that
it
wouldn't
screen
the
view
of
the
Landscaping
from
their
side,
and
so
that
was
actually
designed
as
a
split
rail
fence
there.
After
some
discussion
and
the
privacy
fence
now
would
be
located
at
the
at
the
top
of
the
berm
okay,
great.
P
Badamer,
yes,
thank
you
Deb,
it
looks
like
the
Landscaping
is
designed
so
that
the
Trees
nearest,
the
top
of
the
berm,
are
either
very
large
class.
Two
or
class
3
trees
to
provide
more
canopy
at
maturity
am
I.
Reading
that
correctly.
N
P
You
and
I
appreciate
that,
and
while
our
standards
don't
require
larger
trees
on
the
rest
of
the
site,
I
just
would
encourage
you
to
think
about
the
kind
of
canopy
that
you'll
get
for
the
water
you'll
be
using
on
those
trees.
We
are
watering
desert
out
here.
We
may
as
well
get
some
both
some
carbon
sequestration
and
some
shading
of
The
Hardscape.
That's
going
to
be
added,
if,
if
at
all
possible,
so
while
I
can't
rule
on
that
tonight,
I
just
bring
it
up
and
encourage
you
to
think
about
it.
P
N
J
Thank
you
thank
you
and
now
Bonnie
Hardy.
Unless
you're
gonna
tell
me
I'm
calling
you
at
the
wrong
time
again
representing
the
neighborhood
association.
R
Thank
you,
Madam
mayor,
hello,
welcome
and
the
council
tonight
I'm
going
to
let
Brian
Stevens.
He
is
part
of
our
neighborhood
association
lawyer
that
he
is
representing
us
through
fair
housing,
where
we
have
submitted
our
request
for
a
reasonable
accommodations
that
we
haven't
received
any
word
on
from
the
city.
So
I'll
have
him
speak
first.
S
S
The
demographics
of
the
community
are
the
34,
are
disabled.
That's
compared
to
11
percent
here
in
Boise
on
in
general,
11
percent
are
latinx,
Or
Hispanic
and
that's
compared
to
six
percent
in
the
Boise
area.
So
the
area
has
a
a
significant
increase
in
people
of
color
minorities,
including
people
with
disabilities.
People
with
disabilities,
in
this
case
are
some
of
their
disabilities
are
greatly
affected
by
air
quality.
S
S
St
Louis
in
1999
changed
the
area
zoning
from
residential
to
Industrial.
If
too
many
black
families
moved
into
the
area,
so
these
practices
are
well
documented
in
Seattle,
1923
zoning
laws
disproportionately
changed
zoning
from
residential
to
commercial
where
black
and
Chinese
American
families
resided
the
term
academics
use
for
this
process
is
called
explosive.
S
That
case
is
where
this
city
council
rejected
industrial
use
next
to
a
similarly
situated
Community,
where
it
doesn't
have
that
same
representation
of
minority
or
people
with
disabilities
and
I
just
want
to
point
out
also
that
the
city
in
the
past
has
protected
Blue
Valley
as
it
was
brought
up
earlier.
S
They
spearheaded
a
effort
to
bring
in
a
buffer
around
this
around
the
community
and
City
leadership.
Leadership
is
here
to
the
principals
promoting
environmental
justice
issues,
to
quote
the
Boise's
climate
action,
road
map
to
improve
health
and
wellness
and
advanced
Equity
I
did
look
through
the
the
road
map
for
Equity
issues
and
I
did
not
see
much
attributed
to
equity,
but
this
would
be
a
good
example
of
how
we
could
all
work
together
as
we
go
forward
to
address
Equity,
because
environmental
justice
is
about
equity.
S
The
Boise's
Regional
analysis
of
impediments
to
fair
housing,
2021
states
that
the
city
has
taken
and
continues
to
take
actions
to
support
projects
that
increasing
housing
that
is
Affordable
to
all
to
increase
housing
that
is
Affordable
to
all.
It
cites
Idaho
code,
title
67,
chapter
65
of
the
Idaho
local
land
use
planning
and
to
provide
accommodations
for
mobile
home
parks
to
be
built
in
and
around
the
area.
S
This
is
on
top
of
the
fact
that
we
do
live
in
a
community
where
we
have
a
housing
crisis.
Blue
Valley
represents
one
of
the
last
affordable
housing
centers
in
Boise.
At
a
time
of
increasing
rents,
manufactured
homeowners
have
made
an
investment
in
real
property,
and
the
increase
in
Industry
next
to
the
park
will
displace
disabled
individuals,
who
cannot
stay
due
to
disability
due
to
air
quality
concerns
and
force,
others
to
live
with
increased
rates
of
pollution
or
other
noxious
nuisances.
S
The
area
is
improperly
zoned
to
exclude
these
residents,
who
are
just
disproportionately
latinx,
disabled
and
lower
income.
The
city
has
a
duty
to
place
measures,
including
adequate
open
space
to
protect
residents
and
the
right
to
be
part
of
a
community
and
the
the
real
threat.
I
think
here
is
the
the
diesel
fumes
of
200
semis
that
are
going
to
be
in
the
area.
F
Right
mayor,
I
guess,
I
do
have
one
question
for
you,
sir.
You
know
we're
obviously
we're
not
here
on
a
rezone
and
many
of
your
points,
I
think
basically
boil
down
to
this
is
zoned
wrong,
but
the
history
of
the
comprehensive
plan
makes
pretty
clear
that
the
reason
this
is
owned.
Industrial
is
because
it's
in
that
airport
area
of
impact-
in
other
words
it
couldn't
be
zoned
residential.
F
Now
this
this
neighborhood
is
kind
of
grandfathered
in
because
of
the
way
that
the
history
went
out
there,
but
you
can't
actually
put
houses
there
within
the
within
the
airport
area
of
impact.
That's
how
it
landed.
Industrial
I
just
heard
all
these
Fair
Housing
Act
arguments
and
my
question
is:
are
you
telling
us
that
the
airport
area
of
impact
and
the
decision
to
Zone
industrial
was
a
pretext
for
a
racist
housing
policy
by
the
city
of
Boise?.
S
Well,
I,
don't
think
it
was
pertextual.
I,
think
that
you
know
where
a
neutral
policy
in
place
has
a
disparate
impact
on
people
in
protected
classes,
and
there
does
exist
an
argument
that
the
city
has
an
affirmative
Duty
to
further
the
fair
housing
act
under
3608,
which
would
be
to
remedy
a
situation
where
you
see
a
disparate
impact
forming
and
I.
S
Think
there's
a
bigger
ethical
issue
as
well
within
the
fair
housing
act
that
we
want
to
promote
diversity
in
our
communities
and
not
not
take
one
community
and
push
them
out
due
to
an
industrial
practice.
I
think
a
proper
thing
to
do.
Under
the
ACT
would
be
to
make
sure
that
there
is
a
proper
investigation
about
the
some
of
the
especially
the
disability,
related
issues
that
exists
on
whether
the
200
trucks
per
day
is
what
my
understanding
of
would
be
in
the
area.
S
What
real
Community
affect
with
air
quality
standards
would
have
that
do
an
airport
doesn't
present
the
same
issues
to
a
community
as
industrial
park
with
massive
semi-use,
but
I'm
not
saying
it's
perpetual
I'm.
Just
saying
that
oftentimes
we
make
these
decisions
that
have
an
impact
and
we
don't
fully
analyze
what
the
impact
is
going
to
be
and
what
kind
of
resonance
we're
displacing
from
our
communities.
S
Well,
honestly,
I
think
I'm
coming
into
this
a
bit
bit
late,
but
part
of
the
appeal
process
is
to
see
if
there
are
laws
in
place
that
would
affect
this
and
I.
Think
fair
housing
analysis
should
be
done
by
city,
council
attorneys
and
a
proper
health
impact
analysis
should
be
in
place
as
a
condition.
Thank
you.
Thank
you.
P
Madam
mayor,
yes,
if
I
could
just
follow
up
a
bit
on
that
line
of
questioning
my
understanding
about
the
history
of
this
area,
although
the
city
annexed
it
industrial
when
it
or
zoned
it
industrial
when
it
annexed
it
some
years
ago,
it
had
been
zoned
industrial
as
my
understanding
for
many
many
years
while
it
was
in
the
county
and
in
fact
this
residential
development
was
approved
inside
and
Industrial
and
existing
Industrial
Area,
rather
than
the
other
way
around
by
understanding
in
reading.
P
The
record
of
that
is
that
at
least
one
commissioner
recognized
the
potential
problems
with
that
and
voted
against
it.
For
those
reasons,
so
my
question
to
you
is:
we've
now
inherited
what
was
likely
a
mistake.
Many
many
years
ago,
I
know
we
have
existing
residents
in
this
area.
P
We
have
rules
in
our
code
in
our
regulations
that,
when
industrial
use
does
occur
next
to
residential
uses,
that
a
buffer
will
be
provided
and
that
the
impacts
of
that
will
be
minimized,
and
it
appears
to
me
that
the
applicant
has
done
a
fair
job
of
working
hard
to
meet
that
requirement
and
the
design
Review
Committee
agreed
with
that.
P
So
what
are
you
suggesting?
Is
our
remedy
right
now
you're
suggesting
we
do
a
housing
analysis
at
a
point
in
the
process
when
it
really
isn't
something.
That's
on
the
table.
R
R
We've
had
this
discussion
before
Elaine
Blue
Valley
has.
J
R
Hardy
8301
Blue
Heaven,
Lane,
Boise
Idaho,
president
South
Osmond,
neighborhood
association.
We've
had
this
discussion
before
about
Blue
Valley
and
their
zoning.
It
has
never
always
been
I
just
happen
to
have
a
copy
of
its
history
and
zoning
that
first
one
dates
back
to
1970.
I.
Think
that
gives
us
a
little
feel
for
with
the
how
long
it's
been
in
existence.
The
existing
zoning
at
the
time
of
the
conditional
use
permit-
and
this
is
from
Ada
County's
records-
shows
R2.
R
Okay,
this
property
and
all
those
other
properties
surrounding
it.
In
that
Industrial
Area
started
off
as
agricultural
and
then
it
slowly
progressed
to
rule
transitional.
Then
it
became
R2
which
is
basically
residential
depending
on
the
acreage
or
how
many
houses
there
are
and
that's
what
it
was
and
I
had
the
documentation
here.
You're
welcome
to
see
it.
When
the
initial
cup,
the
conditional
use
permit,
was,
was
placed
how
it
gradually
became
industrial,
which
is
an
airport
overlay.
R
Once
the
city
became
involved
with
the
property
they
zoned
it
Airport
Industrial,
that
was
while
it
was
still
in
Ada
County.
Once
it
was
forced
annexed
into
the
city
limits.
The
city's
Duty
was
to
it
comes
in
on
an
annexation
as
being
unzoned.
Then
it
is
the
city's
duty
to
look
at
the
usage
and
apply
the
proper
zoning.
R
R
Anyway,
it's
not
being
recognized
as
industrial
and
it's
not
our
fault,
the
city
Ada
County.
Whoever
wants
to
take
credit
for
it.
It's
your
fault.
You
know
we
can't
create
zoning.
I,
don't
get
a
postcard
in
the
mail
saying.
Oh,
you
just
been
upgraded
to
Industrial.
We
don't
know
until
we
have
some
conglomerate
wanting
to
be
built
next
to
us.
So
how
is
that
fair
to
the
residents
so
I
say
no
to
the
zoning
always
been
it
hasn't
been.
R
J
J
J
R
R
Is
a
residential
Community?
We
are
legally
grandfathered
in
per
our
conditional
use.
Permit
issued
in
1970.
I
have
paperwork
available
in
2013
the
city
forced
Annex,
Blue
Valley,
along
with
96
other
Parcels
of
land
over
a
thousand
acres
that
were
forced
annexed
after
the
annexation.
This
city
zoned
us
industrial.
Knowing
our
usage
was
residential.
R
R
R
You
still
cannot
Place
heavy
industrial
next
to
residential.
The
city's
own
actions
demonstrate
demonstrate
residential
is
not
appropriate
to
residential
the
city,
allowed
Indian
Lakes
another
community
in
the
airport,
District
to
remain
residential
after
this
city
attempted
to
Zone
them
Industrial.
R
That's
in
conjunction
with
Mr
pageants
wanting
saying
that
airport
districts,
you
know
residentials
and
shouldn't
be
there.
There
is
another
residential
area
that
is
afforded
the
protection.
It's
obvious.
There
is
an
inequality
between
your
treatment
at
Blue
Valley
when
compared
to
Indian
Lakes.
None
of
the
protections
given
to
Indian
Lakes
are
being
given
to
Blue
Valley.
R
Zoning
policies
can
have
adverse
impacts
on
public
health
and
Equity
by
subjecting
poor
and
minority
populations
with
noxious
and
environmentally
risky
land
uses
due
to
rezoning
and
expanding
industrial
zones
and
low-income
neighborhoods.
The
legal
mechanism
of
zoning
changes
contributes
towards
environmental
Injustice.
This
type
of
action
taken
by
the
city
is
termed
explosive.
Zoning
explosive
zoning
is
being
directly
addressed
by
the
EPA,
with
a
new
national
office
dedicated
to
advancing
environmental
justice
and
civil
rights.
R
Our
appeal
should
be
a
pound
because
you
are
violating
City
cope
by
allowing
heavy
industrial
next
to
our
residential
development.
Our
appeal
should
be
upheld
because
of
the
inequity
shown
with
your
actions
regarding
the
Indian
Lakes
Community
you're,
discriminating
against
Blue
Valley
Community.
Our
appeal
should
be
upheld
because
you
are
demonstrating
explosive
zoning
to
eliminate
vulnerable
affordive
housing
that
doesn't
fit
your
city
plan.
R
This
permit
needs
to
be
denied.
Blue
Valley
deserves
equal
treatment
and
I
would
appreciate
it.
If
you
would
look
deeply
at
this
proposal
of
15
feet
away
from
a
residential,
vulnerable
group,
the
120
feet
includes
a
parking
lot.
Buffers
are
usually
pretty
benign,
which
means
the
noise
level
isn't
there?
How
is
a
parking
lot
considered
a
buffer
zone
in
California
when
residential
does
back
up
against
industrial?
R
They
say
1500
feet.
Is
this
15
15
feet?
The
city
has?
Is
that
applicable
to
residential?
Is
that
where
they're
getting
it
I,
don't
see
where
they
separate
residential
next
to
Industrial,
which
should
be
a
larger
buffer?
Because
I
know,
if
anyone
on
this
on
the
city
council
had
an
industrial
building
that
close
to
your
home,
you
would
not
like
it.
You
would
be
worried
about
the
health
hazards.
It
would
cause
your
children,
your
elderly
and
sometimes
figures
just
don't
fit
it
12.
R
R
While
they
were
still
on
record
design
review,
they
put
forth
their
concerns
about
what
is
happening
in
the
blue
valley
that,
and
they
explicitly
explicitly
said,
make
sure
this
is
communicated
to
the
city
council,
because
we
discussed
what
mayor
Peter
had
said
when
the
R
L
trucking
happened,
I
assumed
after
that
little
handshaking
and
presentation
that
it
was
going
to
be
taken
care
of.
We
were
going
to
have
an
adequate
buffer.
R
We
weren't
going
to
have
to
go
up
against
another
large
company
with
you
know,
experienced
lawyers
we're
just
laymen
we're
just
here
fighting
for
our
livelihood
and
the
city
council
needs
to
do
their
job,
and
you
need
to
look
at
your
current
ordinances.
They
don't
apply
to
residential
next
to
Industrial,
that's
absurd!
You
can
look
their
buffer
now,
I'm,
not
an
engineer,
but
most
buffers
go
up
and
come
down.
R
This
one
only
goes
up
so
that
doesn't
create
a
buffer.
It
just
puts
their
building
higher.
Their
grading
level
is
12
feet
above
our
grading
level.
How
does
that
constitute
a
buffer
and
according
to
the
Planning
and
Zoning
on
page
six,
it
says
the
adjacent
property,
shell,
bead
level.
Your
grading
shall
be
level
with
the
adjacent
property.
There's
one
thing
in
your
Planning
and
Zoning
that
they
said
needed
to
be
done
that
isn't
being
addressed
if
anything,
it's
being
heightened
and
the
erosion
control
that
place
and
mayor
McLean
you've
been
out.
R
There
you've
seen
the
erosion
on
us
on
the
road,
so
this
French
drip,
ditch
they're
going
to
put
in.
Where
does
the
water
go?
It's
coming
off
your
15
foot
berm
within
five
feet
of
some
people's
homes
that
are
is
not
on
a
permanent
foundation
and
that
water
is
going
to
go
underneath
their
house
they
didn't
address.
When
we
asked
for
a
geologic
study,
saying
wait
a
minute:
that's
volcanic
rock!
It's
Basalt!
You
can't
just
go
out
there
with
a
grater
and
move
it
around.
R
You've
got
to
Dynamite
blast
it
and
there's
a
perfect
example
of
a
Red
River
Development
up
north
of
us
and
the
blasting
goes
there,
the
dirt's
in
the
air.
We
said
we
would
like
a
bond
put
in
place
in
case.
There's
damages
to
those
homes
being
within
five
feet
of
a
burn.
That's
going
to
be
constructed
to
make
sure
they
don't
have
to
go
to
civil
court
to
get
money
to
fix
their
homes
that
it's
available
that
wasn't
addressed
all
these
meetings
we
had
with
Lincoln.
R
They
left
off
the
important
information
we
had
to
dig
and
ask.
They
didn't
tell
us
that
building
a
wasn't
going
to
be
built
first,
they
didn't
tell
us
that
there
would
be
Dynamite
blasting
and
when
I
asked
about
the
tournament
blasting
I
said
well.
How
can
you
guarantee
me
that
it's
going
to
be
done
properly
and
they
said?
Well,
we
have
the
best.
You
know
excavators
and
I
said
well,
who
is
it
and
they
said?
R
Well,
we
haven't
hired
them
yet
so
you're,
giving
this
permit
to
a
person
who
doesn't
even
have
a
skill
for
their
berm.
How
do
you
they're,
showing
this
little
person
and
oh
they're,
way,
far
away
that
isn't
real?
Where
is
their
scale?
Usually
I
can
look
on
something
I'm,
not
an
engineer
but
I.
It
says
an
inch
is
this:
where
is
it
there?
This
is
absurd
that
you're
giving
them
car
block
to
come
in
and
destroy
our
neighborhood
I
say
you
need
to
look
deeper
into
this.
J
So
we're
going
to
take
it's
been
an
hour,
we'll
take
a
break
every
hour
hour,
20
minutes
or
so
so
since
we
finished
the
longer
presentations
and
we're
going
to
move
into
the
public
after
this
we'll
take
a
10
minute
break
and
then
be
back
alrighty
I'm
going
to
start
with
just
the
lists
as
I
have
them
I'll
call
up
one
and
then
let
you
know
who's
next
in
line
so
that
you
can
start
to
come
up
here,
I'm
towards
the
front
first,
we'll
start
with
Ron
puccinelli
and
then
Linda
puccinelli
and
then
after
them
is
Dennis,
Walker,
Sue,
Collins
and
then
I
think
it's
Jeannie
Garcia,
no
Jane
Garcia.
J
M
You
I
have
a
few
PowerPoint
slides
to
show
I'm
Ron
preachingly
2247
Blue
Lake.
M
I
am
not
a
protected
class
unless
you
count
retired
public
servants
as
I've
spent
35
years
as
a
finance
director
for
a
city
in
California,
but
I've
moved
to
Blue
Valley
about
four
years
ago
and
been
enjoying
it
been
enjoying
Boise
and
the
people
and
the
please
just
amazing.
M
The
only
thing
I
have
one
of
my
jobs
as
Finance
director
was
to
look
at
the
projects
and
look
for
holes
in
them
or
to
see
if
everything
matches
everything
makes
sense,
and
in
this
project
I
saw
a
couple
of
problems
in
their
from
the
developers,
presentation
and
number
one
in
their
representation.
This
is
off
of
their
proposal
and
when
did
everything
in
Blue
Valley
become
flat?
M
It's
a
two-dimensional
representation
of
a
three-dimensional
rolling
terrain.
If
you've
ever
been
in
Blue
Valley.
Have
you
ever
tried
to
Bicycle
a
thing
if
you're
breathing
hard
by
the
time,
because
you're
going
up
hills,
downhills,
it's
terrain
that
goes
around
well
on
the
right
side
of
that
picture.
M
T
By
continuing
to
refuse
to
acknowledge
the
hazards
of
this
proposed
use
like
design,
review
and
pnz
have
done
before
the
city
is
in
violation
of
anti-discrimination
provisions
of
the
fair
housing
act,
known
industrial
impacts
include
noise,
air
light
pollution,
Traffic
Safety
vibrations
from
heavy
truck
traffic
diesel
exhaust
exposure
can
exacerbate
respiratory
health
and
worsening
Asthma
COPD
General
lung
function
increase
the
risk
of
heart
problems:
lung
cancer
Health
complications
leading
to
premature
duct.
As
a
result,
tenants
may.
T
Their
own
property
outdoor
movements,
restricted
children,
won't
be
able
to
play
outside
tenants
confined
to
their
homes
and
disrupted
sleep
cycles.
It's
no
accident
that
industrial
zoning
is
centered
around
a
marginalized
Community,
historically
redlining
occurred
in
Boise,
though
there
are
no
Redline
maps
of
Boise
per
se.
We
know
it
was
done
in
less
explicit
ways
via
zoning
PSU,
Professor,
Dr,
Jill
Gill,
identified
that
the
rivers
District
Boise's
black
neighborhood
was
quote
zoned
for
noise
and
warehouse
and
Industrial,
whereas
white
neighborhoods
were
zoned
to
protect
them,
just
like
what
is
happening
now
to
Blue
Valley.
Thank.
G
J
C
C
Entire
presentation
about
health
risks.
T
Yeah,
none
of
that
information
was
presented
in
any
part
of
this
process
that
the
applicant
didn't
present
it.
The
city
hasn't
demanded
it
as
part
of
the
process
when
they're,
obviously
known
carcinergic,
exposures
and
Diesel
exposure
and
other
potential
hazards,
so
yeah,
okay,.
F
Mayor
I'm,
sorry
I
had
a
quick
question
for
Lori
too.
You've
listed
a
bunch
of
like
very
concerning
things
but
they're.
All
in
my
mind,
really
help
me
out
here:
they're
all
in
my
mind,
tied
to
the
use
of
the
property,
the
industrial
use
and
that's
a
zoning
issue,
but
we're
here
on
the
design
review
issue.
So
can
you
help
me
help
point
me
to
Something
in
the
design
of
the
building
that
contributes
to
the
problems
that
you're
talking
about,
or
is
your
concern
really
only
limited
to
the
zoning.
T
We
could
talk
about
how,
at
some
point,
along
with
some
mysterious
process,
where
a
residential
neighborhood
was
zoned
industrial,
where
also
it
was
given
a
design
review
overlay
that
not
only
made
it
so,
it
didn't
have
to
go
to
pnz
and
that
uses
and
incompatible
uses
were
considered.
But
the
community
was
shut
out
of
the
process
and
that
it
simply
needed
to
have
people
scrutinize,
the
landscape,
design
and
the
building
facade,
and
not
the
environmental
and
health
hazards
that
people
are
being
exposed
to.
Okay,.
F
Let
me
yeah
I
get
that
I.
Don't
think
I
asked
my
question
very
well.
Let
me
try
it
one
more
time
so
we're
here
on
the
appeal
from
the
design,
review
and
you've
got
a
list
of
very
serious
concerns
about
human
health
impacts.
Just
the
various
things
really
bad
things
that
can
be
associated
with
industrial
use,
which
is
a
zoning
issue
right.
T
F
T
Well,
the
point
of
discretionary
meetings
like
this
processes
is
for
you
to
use
your
discretion
to
help
resolve
conflicts.
Your
most
important
mandate
as
city
council
people
is
to
protect
the
health,
safety
and
Welfare
of
the
human
beings
that
exist
in
this
community
and
that's
what
it
comes
down
to
it's.
J
Just
got
a
question
and
I
I'm
just
trying
to
remember
the
last,
because
you
brought
up
the
design
review
process
versus
Planning
and
Zoning
then
to
council,
but
the
last
hearing
I
know
differently
and
different
application,
but
same
neighborhood.
Did
it
go
first
to
Planning
and
Zoning
no
I
went
to
design
review
and.
U
U
An
environmental
assessment
was
never
done
before
the
city
of
Boise,
Annex,
Blue,
Valley,
neighborhood
and
other
operating
businesses
and
the
City
of
Boise.
There
was
never
proper
notification
to
the
residents
of
Blue
Valley
using
City.
Setbacks
should
not
be
allowed
with
these
uses,
bully
Valley
residents,
our
own
property.
We
are
homeowners,
not
renters.
U
U
U
U
U
One,
each
business
will
be
able
to
point
at
the
next
one,
and
the
property
management
company
will
tell
complainants
to
contact
the
owner.
This
will
give
the
complainant
the
run
around,
as
well
as
our
law
enforcement,
who
takes
the
call.
This
is
unfair
to
our
communities.
It's
just
bad
business.
This
has
already
happened
to
other
developments
in
Ada
County.
U
In
Boise
Dev-
and
there
was
a
news
article
by
Gardner
Coe
who
who
bought
the
outlet
mall
a
spokesperson
for
the
company,
stated
the
site
could
even
support
places
for
folks
to
live.
We
could
maybe
even
see
some
housing
with
all
the
new
jobs
out
there.
Everyone
has
tried
retail
on
on
the
site.
Maybe
building
a
community
will
work
better.
The
Blue,
Valley
Community
was
never
referred
to
as
existing
housing
in
the
Eisman
area.
U
Time
I'm
asking
you
to
deny
this
proposal
and
put
Protections
in
place
for
this
community
that
we're
not
put
in
before.
Thank
you.
J
Thank
you
Richard
good
evening
and
then
we've
got
Jane
Stanley
and
Rebecca
Kessner
signed
up,
but
I
don't
have
you
as
a
party
of
record
yep,
okay,
great
and
then
Rachel
Ford.
L
Good
evening
Richard
willin
9170
Hill
Road.
It
is
highly
likely
that
the
use
of
the
proposed
Trucking
Bays
will
produce
substantial
diesel
exhaust
diesel
exhaust
has
been
classified
by
the
World
Health
Organization.
As
a
group.
One
carcinogen
I
worked
at
the
international
Agency
for
cancer
research,
I
Arc,
the
World
Health
Organization,
with
a
special
training
Grant
between
earning
my
master's
degree
in
biology
and
PhD
in
Biochemistry.
A
group
one
carcinogen
is
the
highest
level
of
carcinogenity.
There
are
only
122
different
agents
that
have
obtained
this
level.
L
A
group
one
carcinogen
is
simply
described
as
the
agent
is
carcinogenic
to
humans.
I
quote
from
a
WHL
bulletin,
IR
monographs
on
the
identification
of
carcinogenic
hazards
to
humans.
The
category
of
the
classification
indicate
the
strength
of
the
evidence
as
to
whether
an
agent
is
capable
of
causing
cancer
technically
called
hazard.
L
L
This
decision
should
not
render
Boise
zoning
code
meaningless.
It
is
the
city's
responsibility
to
address
these
hazardous
conditions.
Hazardous
conditions
are
not,
as
suggested
by
City
Planning
staff,
simply
the
storage
of
hazardous
substances-
that
is
an
error
rather
hazardous
conditions,
are
site.
Specific
and
contextual.
Hazardous
conditions
in
the
context
of
citing
industrial
uses
next
to
residential
uses
depend
on
the
boundary
conditions
and
how
they
will
affect
the
volatile
organic
compounds
in
particulate
matter
that
are
components
of
diesel
exhaust.
L
In
order
to
understand
the
Hazardous
condition,
these
boundary
conditions
must
be
rationally
examined
when
it
is
in
their
purview.
A
project
of
much
smaller
magnitude
would
trigger
an
Idaho
DEQ
air
quality
model
of
the
concentrations
of
these
hazardous
substances.
However,
because
these
diesel
engines
are
mobile,
it
is
outside
the
purview
of
the
Idaho
DEQ
and
Falls
squarely
in
the
responsibility
of
the
city.
The
city,
however,
has
presented
no
rational
basis
to
assume
that
the
width
and
design
of
the
landscape
buffer
will
mitigate
the
hazard.
L
L
L
G
I'm
Rachel
Ford
I
live
at
2407,
Blue,
State,
Lane,
and
so
the
proposed
project
would
be
in
my
backyard
and
I.
Guess
you
have
a
letter
from
me
in
your
records
there
I'm
more
I
guess
just
putting
a
face
to
the
name
here
with
two
of
my
children
who
you
know
regularly
use
the
backyard
and
honestly
the
field.
That's
currently
there
is
an
extension
of
our
backyard
I
I'm,
not
nearly
as
well
prepared
as
my
neighbor.
G
So
I
don't
know
if
you
guys
have
anything
that
can
you
know
that
can
oppose
this
project
at
this
point,
but
it
will
be
a
huge
impact.
I
moved
to
the
neighborhood
four
years
ago
as
a
newly
single
mom
with
my
four
boys,
and
it
was
one
of
the
very
few,
possibly
the
only
neighborhood
in
the
area
that
was
affordable
for
me
at
the
time
and
it's
been
fabulous,
you
know
it's
a
quiet,
friendly,
neighborhood
I
guess
all
I
have,
for
you
is
an
emotional
appeal.
G
You
know,
I
am
scared
to
lose
my
home.
We
have
a
ton
of
wildlife.
You
know
I've
Had
The,
Blue
Heron.
In
my
backyard
we
had
a
coyote
that
came
through
the
just
last
week
in
the
backyard
and
clearly
you
know
those
things
will
go
away.
So
as
far
as
minimizing
the
impact
to
the
neighborhood
having
128
foot
buffer
zone.
C
Madam
mayor
I
have
a
question:
yep
thanks.
Thanks
for
your
testimony,
thanks
for
coming
down
you
you
mentioned
the
current
buffer.
Is
there?
G
I,
honestly,
don't
know
I
I
guess,
like
I
said,
you
know
any
way
that
you
look
at
it.
It
vastly
changes
the
environment.
You
know
it
vastly
changes.
What
our
home
is
yeah,
having
a
heavy
Industrial
Park,
you
know
behind
the
house,
I,
don't
know
what
that
buffer
looks
like
what
we
have
now,
obviously
obvious.
As
you've
seen.
There
is
other
industrial
things
that
have
gone
in.
You
know
within
the
past
four
years
that
I've
lived
there
that
have
impacted
the
neighborhood
as
a
whole,
but
have
left
our
backyard.
G
Our
extended,
you
know,
have
left
space
for
the
Wildlife
that
comes
through
so
I,
don't
know
in
terms
of
of
this
project.
What
that
would
look
like.
B
V
My
name
is
Russell
agao
and
I
live
at
eight
five,
four
three
Blue
Heaven
Lane.
It
sounds
like
the
impact
that
this
project
could
have
on.
Our
neighborhood
is
something
that
would
not
be
acceptable
in
your
neighborhoods
I.
Don't
know
how
well
your
neighborhoods
are,
but
our
neighborhood
has
been
around
since
the
early
1970s.
V
V
Their
my
grandparents
mobile
home
over
there
at
lasta
Park
his
situ,
was
situated
somewhere
near
where
the
paint
department
is
of
Home
Depot
people
who
are
out
there.
Now
we
can't
afford
to
go
anywhere
else.
J
J
Sure,
and
so
for
the
record
Bonnie
Hardy
would
like
to
clarify
some
information
I'm
just
doing
that.
So
we
have
a
record
I'll.
Ask
you
to
do
that
in
the
rebuttal
please
I'm
gonna
go
I'm
gonna
go
to
zoom
to
see
if
there's
anybody
on
Zoom.
That
is
party
of
record
that
is
seeking
to
testify.
Is
anybody
on
Zoom.
W
There,
my
name
is
Tina
paventi,
2235,
Blue,
Lake,
Lane
I'm,
the
manager
of
Blue
Valley,
my
husband
and
I.
You
know
I
was
grateful.
The
scouts
were
here
today
to
be
able
to
see
how
the
city
council
operates
and,
if
they're
young
citizens
for
them
to
be
able
to
see
how
the
city
and
its
citizens
work
together.
But
unfortunately
we
somehow
got
at
the
back
end
of
this
development
and
now
we're
at
the
Planning
and
Zoning
or
excuse
me,
the
city.
W
Place
of
the
little
so
there's
so
little
that
the
regular
citizen
understands
about
all
of
this
ordinances
and
all
the
blah
blah
blah
that
went
on
in
the
beginning.
Certainly
the
scouts
didn't
understand
it
so
to
catch
what's
going
to
be
happening
around
us,
we
don't
always
get
in
on
the
the
first
step
of
it,
so
that
we
can
oppose
that
and
how
many
of
I'm
in
real
estate
I've
always
owned
a
home?
How
many
of
us
do
not
want
a
single
wide
moving
into
our
neighborhood?
W
Nobody
does
nobody
does
so
Blue
Valley
was
moved
way
out
at
the
edge
of
town
back
in
1976.
and
now
we're
getting
crowded
out
there.
It's
not
a
good
situation.
Think
of
the
economy
is
often
run
by
real
estate.
The
police
officers
that
have
wanted
to
move
in
couldn't
afford
to
the
fire
department
they
couldn't
afford
to.
We
are
chasing
out
people
that
we
need
in
Boise
and
now
to
lose
our
development,
because
our
the
ground
is
going
to
be
moving
under
us.
W
W
Well,
that's
it's
coming
right
up
to
the
back
of
his
house,
he's
looking
for
a
place
to
go
he's
living
here,
because
I
live
here
and
I,
don't
know
what
to
tell
him
he's
on
Social
Security
he's
not
going
to
find
any
place
like
what
he
has
now
that
that
he's
able
to
afford
and
there's
a
lady
in
the
park
that
every
month
I
go
and
knock
on
her
door,
take
her
to
Albertsons.
So
she
can
get
her
rent
money
and
give
it
to
me
because
she
doesn't
have
a
phone.
W
She
doesn't
have
a
car,
she
doesn't
walk
well,
she
can't
walk
up
and
push
it
to
the
office
and
give
it
to
me
and
she
can't
get
the
only
time
she
gets
to
the
store
grocery
shopping
or
to
cash.
Her
social
security
check
is
when
I
take
her
the
manager
to
make
sure
she
can
pay
her
rent
and
I
walk
around
that
store
for
an
hour
so
that
she
can
get
groceries
time.
This
is
a
very
common
situation:
I'm
really
grateful
for
Rachel
Ford's
testimony
because
her
house
is
across
from
the
office.
W
C
W
I
out
of
time,
I'm.
Sorry,
that's,
okay!
My
proposal
is
that
the
rnl
thing
was
a
big
deal,
so
somehow
you
guys
knew
that
we
were
going
to
fight
this
and
we're
at
the
we're
at
the
part
that
there's
we're
in
the
wrong
area
we're
at
the
wrong
end
of
it
now,
but
we
need
a
thousand
feet,
buffered
all
the
way
around
us
if
they
could
push
back
their
building
and
eliminate
something.
What
is
let's
remind
everybody,
how
big
these
buildings
are?
I'm.
J
B
B
I,
just
I
just
wanted
to
thank
you
for
illustrating
a
little
bit
about
what
people's
lived
experiences
are.
Thank
you
I
think
it's
important.
So
thank
you
for
doing.
J
J
No
because
it's
an
appeal,
it's
we
call
it
a
close
record
and
you
have
to
be
on
the
record
sorry
about
that
anybody,
that's
here,
okay,
so
we
are
going
and
I'm
just
gonna.
Do
one
more
zoom
check,
nope,
okay,
great!
We
are
going
to
move
into
rebuttals.
First,
we
have
the
applicant
Deb
Nelson
and
then
we
have
the
Appellate
Bonnie
Hardy,
but
I
see
Brian
Arts
walking
up
to
admir.
P
You
I
appreciate
it
on
page
237
of
our
record.
It
shows
the
landscape,
buffer,
I
think
as
it's
being
proposed
and
a
little
bit
of
a
adjustment
to
the
site
layout.
My
question
has
to
do
with.
First
of
all,
whether
or
not
the
proposed
roadway
connection
to
the
north
is
going
to
actually
be
made
now
or
if
it
is
a
cross-access
agreement.
K
P
To
the
north
on
the
Western
Edge
build
the
building
that
is
mostly
the
buffer
is.
N
P
Broadway
that
extends
north
yeah
great
thanks
and
then
second
question:
there's
a
roadway
that
comes
around
the
building
that
is
set
a
skew,
Building
G
on
the
corner.
Is
that
a
roadway
for
trucks
or
is
that
for
cars
that
might
be
parking.
K
Now
the
mayor
council
president
Clegg,
that
is
a
public
street,
so
that
will
be
an
extension
of
WinCo
Court,
so
it
will
be
for
any
member
of
the
public
cars
trucks,
both
okay.
K
Madam
mayor
council,
President
Clinton,
if
I
could
ask
for
just
a
little
clarification
when,
when
you
mentioned
trucks
on
the
Northern
boundary,
are
you
referring
to
the
to
the
portion
of
Drive
aisle
north
of
Building
C
on
the
very
west
of
the
parcel
on
building
a
there
will
not
be
trucks
on
the
North
side.
That
is
a
vehicular
parking
lot
for
employees.
P
That's
what
I
thought,
what
I
understood
about
that
one
but
I'm
now
talking
about
what
you're
characterizing
as
a
public
roadway,
which
would
be
open
to
trucks
and
I'm
wondering
why
we
need
to
allow
trucks
there
clearly
they're
going
to
pull
in
and
then
they
can
pull
out
either
direction
at
Building
G
once
they
do
that
and
allowing
them
to
pull
out
and
go
north
and
then
East
along
that
roadway
to
me,
I
just
I
I,
wonder
why
we
would
allow
that.
K
Now
that
mayor
council
president
I
do
apologize,
I
thought
you
said:
building
D
now
referring
to
Building
G.
You
are
correct,
yes,
that
that
drive
I'll
on
the
North
Boundary.
That
is
a
just
a
drive
aisle.
That
is
not
a
public
road,
so
I
apologize,
WinCo,
Court
Extension
goes
south
of
building
D,
which
is
which
so
okay.
P
Okay,
good
right
that
had
me
a
bit
confused,
so
trucks
will
not
be
allowed
to
use
that
drive
aisle.
P
Okay,
that's
that's
why
I
ask
it
now
so
that
everyone
could
address
it
and
then
my
last
question
is
well:
the
buffer
was
extended
a
bit
further
east.
It
appears
to
me
that
there
could
be
that
that
drive,
aisle
roadway
whatever
could
could
be
substantially
redesigned
and
brought
much
further
south,
and
you
could
have
quite
an
extensive
buffer
on
that
corner
and
I.
Wonder
if
that
was
discussed
at
all.
I
didn't
see
anything
in
it
in
the
testimony
or
the
discussion
at
the
commission
yeah.
That
area
where
the
marker
was
right.
There
yeah.
K
Madam
mayor
council,
president
Clegg
I
am
not
aware
of
discussions
with
the
applicant
regarding
moving
that
farther
south
I'll
leave
that
up
to
them
in
terms
of
building
design
and
layout
I.
Think
shifting
that
substantially
South
would
would
require
the
relocation
of
that
building
G.
But
perhaps
that's
a
common,
a
comment.
I.
C
K
Madeline
mayor
councilmember
Willis
absolutely
so
the
designer
view
committee
process
requires
a
notification
of
residents
within
300
feet
of
the
external
boundary
of
the
site,
that
is
residence
and
also
I'm,
sorry,
owners
and
occupants.
K
So
our
GIS
program
and
and
our
our
program
analyst
has
the
ability
to
see
when
the
mailing
address
on
a
parcel
in
the
Ada
County
records
is
different
than
the
owner
address
and
both
of
those
get
those
notices
by
city
code.
So
that's
within
a
300
foot
boundary
that
also
includes
the
HOA
and
the
registered
neighborhood
association,
foreign.
C
One
more
question:
can
you
speak
to
whether
the
new
zoning
code
proposal
keeps
this
area
whether
it
keeps
it
residential
or
whether
it
keeps
it
industrial
around.
K
Yeah
council,
member
Willits,
so
our
proposal
in
the
new
zoning
ordinance
is
a
straight
across
conversion
of
zoning,
so
what
is
industrial
today
would
convert
to
Industrial
in
the
future
zoning
code.
Both
of
these
properties
are
industrial
currently
and
would
convert
that
way.
Okay,.
J
K
Madame
America,
that
process
was
a
rezone
and
annexation
process.
There
were
multiple
Parcels
on
both
sides
of
the
new
Orchard
Street
extension,
so
south
of
Gowen
road.
If
you
recall
over
near
Indian
Lakes
golf
course,
there
were
Parcels
on
the
east
side
of
Orchard
and
Parcels
on
the
west
side
of
Orchard
that
were
zoned
A1
and
A2.
K
The
planning
zooming
commission
acted
on
those
recorded.
The
recommendation
to
council
the
A2
parcel
that
was
closest
to
Indian
Lakes
was
removed
from
that
rezone
proposal.
So
again
it
was
a
rezone
application,
not
a
design
review
application.
Okay,.
E
Yes,
I've
got
a
question
and
it
makes
sense
in
my
head
we'll
see
if
it
comes
out
that
way.
So
if
if
this
is
zoned
m2d
and
the
private
owner
you
know
has
has
purchased
this
land
his
own
MTD
and
me
as
a
city,
council,
member
or
maybe
all
of
us
as
City
Council
Members,
we
decide
that
we
don't
like
that
zoning.
Do
we
have
any
authority
to
go
and
say
we're
going
to
change
that
zoning,
or
does
that
applicant
or
does
that
landowner
have
to
come
to
us
with
the
proposal?
K
Madame,
mayor,
councilmember,
Halliburton
I
think
the
zoning
code
rewrite
that
was
just
brought
up
is
a
good
example
of
the
city
having
an
opportunity
to
rezone
lands,
we're
going
to
rezone
the
entire
city
with
the
zoning
code
rewrite.
So
we
do
have
the
ability,
but
it
would
be.
You
know
it
would.
What
the
impetus
for
that
would
be
is
is,
is
very
different
in
a
situation
like
this
right.
So
if
the
zoning
code
rewrite
you
know,
we
are
rewriting
the
zoning
code
for
the
city,
it
is
broadly
applied.
K
B
Thank
you,
I,
don't
know
if
this
question
is
for
you
or
for
legal,
but
we've
we've
heard
folks
mention
that
where
this
resident
residential
area
is
was
grandfathered
in
what
does
that
mean,
and
what
is
our
responsibility
to
those
folks
once
that
that
has
happened
and.
J
I'm
just
going
to
have
staff
take
this
rather
than
legal
making
statements
from
the
bench.
K
Yeah,
thank
you,
madam
mayor
council,
member
Sanchez.
So
grandfathered
rights
are
it's
a
term
of
Art
in
the
zoning
code,
it
is
a
defined
term.
What
it
means
is
that
a
use
existed
prior
to
the
zoning
ordinance
being
in
effect,
or
the
use
was
present
prior
to
a
property
being
annexed
into
the
city
of
Boise,
which
I
think
is
the
case
here.
K
The
grandfather
writes,
do
protect
blue
Valley's
existing
use,
so
although
they
would
not
be
in
a
loud
use
in
the
M2
Zone,
if,
if
this
was
blank,
land
came
in
and
proposed
a
residential
subdivision
that
is
not
allowed
in
the
M2
Zone
they
were
there
before
it
was
annexed
into
the
city.
It
is
a
grandfather
use
which
protects
their
right
to
be
there
as
long
as
the
use
stays
as
it
is.
Madame.
B
I
used
to
follow
up
once
that's
happened.
B
K
Malemaire,
council,
member
Sanchez,
I
I
think
that
really
depends
there
are
certain
actions
in
the
zoning
ordinance
that
require
very
close
consideration
of
adjacent
uses,
a
reason
if,
if
the
owners
of
this
parcel
wanted
to
reason
this
parcel,
there
are
findings
in
the
rezone
process
that
talk
about
compatibility
with
existing
uses
where
both
properties
are
zoned
industrial.
There
is
not
a
quote-unquote
responsibility
within
the
designer
view
process
to
take
that
zoning
and
to
considerate.
J
Are
we
looking
at
this
this
can't
this
wouldn't
wouldn't
be
part
of
the
decision,
but
I'm
curious
in
the
rezone?
Are
we
looking
at
changing
the
setbacks
where
residential
meets
Industrial.
E
So
if
we
were
rezoning
something
we,
we
wouldn't
allow
an
R2
next
to
a
next
to
an
m2d,
but
we
would
encode
if
they
already
exists.
We
do
allow
it
and
it
just
requires
additional
setbacks,
am
I
getting
that
right.
Madam.
P
Better
mayor,
yes,
thank
you
one
last
question
along
my
line
of
questioning
Josh
the
public
road
that
would
extend
to
the
North
at
the
western
edge
of
Blue
Valley.
P
Is
there
a
reason
it
has
to
be
built
today
to
that
edge,
or
could
we
take
a
bond
for
it
to
be
built
at
some
point
in
the
future?
If
there's
a
need
to
connect,
it.
K
Madam
mayor
council,
president
clay,
so
the
extension
of
Warehouse
way
was
required
by
achd
as
part
of
the
traffic
impact
study
as
part
of
the
larger
circulation
plan
for
the
property.
The
extension
to
that
North
Boundary
is
their
policy
where
there
is
existing
right-of-way
that
they
extend
to
that
I
believe
that
the
the
applicant
could-
and
maybe
they
can
speak
to
this
through
their
discussions
with
achd,
but
they
could
pull
that
stub
back
and
construct
a
turnaround
somewhat
off
the
property
line.
K
A
Minute,
mayor
Josh,
we
heard
a
couple
of
comments
about
the
current
grading
of
Blue
Valley
and
the
adjacent
property.
A
K
Madam
mayor
council,
member
Williams,
so
in
this
area
the
topography
generally
slopes
to
the
north
because
it's
coming
off
of
the
bench
that's
farther
to
the
South
and
sloping
towards
essentially
the
river
eventually,
so
this
site
does
slope
pretty
substantially
from
south
to
North.
So
that's
when
the
applicant
needs
to
grade
it
flat
in
order
to
construct
these
buildings
and
parking
lots
Etc,
you
end
up
finding
a
middle
ground
of
that
grading
right.
So
it
ends
up
being
somewhere.
K
It's
not
at
the
low
point,
because
that
would
require
an
extreme
amount
of
cut
at
the
south
in
the
property.
So
it
finds
a
middle
point
that
ends
up
being
I.
Think
the
number
that
was
referenced
tonight
is
12
feet
above
the
grade
of
Blue
Valley
to
find
that
level
ground
for
their
construction,
so
essentially
I
think
it
has
also
been
mentioned
tonight
that
that
berm
does
end
up
being
quite
a
bit
lopsided,
so
it
is
very
much
lower
on
the
Blue
Valley
side
than
it
is
on
the
applicant
side.
K
The
berm
does
go
up
with
a
fence
on
top
to
provide
some
vertical
relief
from
from
the
applicant
side
and
then
drops
steeply
down
to
the
Blue
Valley
side,
with
trees
on
top
of
the
berm
so
granted.
If,
if
this
site
was
lower
than
it
is,
you
would
have
a
more
enhanced
buffer,
because
that
burning
would
be
greater
on
the
side
of
of
the
property
that
is
being
developed.
But
because
of
that
elevation
change,
it's
somewhat
Limited
in
what
they
can
do.
K
A
K
A
E
And
mayor
I
do
have
one
more
question
and
then
I
can
give
it
a
break
until
we
hear
from
the
rebuttal
one
of
the
folks
who
testified
and
I
apologize
for
not
remembering
exactly
which
person
it
was
mentioned.
Something
about
the
city,
owning
property,
on
the
other
sides
of
of
the
of
the
housing
and
I'm
just
wondering
which,
which
one
of
those
pieces
of
property
the
city
owns
or
if
we
do.
K
Madame
mayor
council,
member
Halliburton,
some
some
quick
GIS
research
here-
indicates
that
we
own
property
on
the
north
side
of
Blue
Valley,
and
also
that
parcel
on
the
east
side,
so
it'd
be
on
the
extreme
left
hand.
Side
of
the
screen
here.
K
Okay,
so
Madam
mayor
council
member-
well
it's
so
you
can't
see
it
on
this
visual
here,
but
on
the
north
side
of
Blue
Valley
is
a
vacant
parcel
Along.
K
G
E
F
I
I'm
sorry
I
have
to
go
back
to
councilmember
woodings
question
up
the
grading,
because
your
answer
confused
me
that
sorry,
that's
okay,
condition.
23
says
that
perimeter
grading
shall
be
designed
to
match
the
existing
grade
of
the
adjoining
properties.
L
F
So
it
provides
perimeter,
grading
shall
be
designed
to
match
the
existing
grade
of
the
adjoining
properties
and
what
I
pictured
when
I
read
that
was
whatever
happens.
The
grade
at
the
perimeter
is
going
to
match
the
existing
ones
and
then
the
berm
will
be
X
number
of
feet
above
that
up
and
down.
But
then
you
describe
kind
of
a
diagonal
step,
so
they
can
help.
K
Me
yeah
council,
member
of
agent,
so
apologies
for
any
confusion,
yeah
when
we,
when
the
when
there
was
a
mention
of
this
site
being
12
feet
above
Blue
Valley.
It's
not
like
a
Shear
wall
right
that
does
it
transition
through
that
berm
area
so
picture.
If
the
berm
was
not
there,
there
would
be
a
slope
from
the
Blue
Valley
Property
up
to
what
is
the
parking
lot?
K
It's
not
entirely
level.
Certainly,
there
are
requirements
for
drainage
into
retention
basins.
You
can
see
them
on
this
map.
You
know
in
dark,
green.
There
are
areas
throughout
the
site
where
storm
water
is
directed,
roads
have
grades
so
I'll
let
the
app
can
speak.
You
know,
grading
plans
are
fairly
complex,
especially
on
a
project
this
large,
so
it's
certainly
not
flat,
but
essentially
compared
to
current
conditions.
Today
it
would
be
considered
flat.
Okay,.
P
Yes,
all
right
well,
I,
I
I,
want
to
add
one
more
question
to
this
line
of
questioning
it's
my
understanding
that
the
site
also
slopes
from
east
to
west,
at
least
from
some
of
their
testimony,
that
we
heard
tonight
and
I
think
the
concern
of
residents
in
Blue
Valley
is
that
well
one
end
of
that
burn.
May
provide
nearly
25
feet
of
grade
protection.
The
other
end
might
only
be
five
feet
if
the
slope
is,
as
was
presented
to
us,
represented
to
us
on
stage
Sage
Lane
Blue,
Sage
Lane.
K
Malamir
council
president
Clegg
so
you're
correct
it
does
drain
to
the
north
and
also
to
the
West
there's
kind
of
a
split
where
that
does
occur.
In
both
conditions,
I
am
not
familiar
enough
with
the
drainage,
with
the
gradient
drainage
plans
to
speak.
You
know
to
the
heights
of
that
berm
along
that
property
line.
I
would
ask
the
applicant
to
address
that
through
their
specific
design.
P
Okay,
thank
you
and
I
would
also
ask,
and
and
I'll
ask
you
in
the
applicant
can
certainly
respond
as
well.
The
there
is
going
to
be
a
drainage
way
along
the
berm
and
what
is
the
design
requirements
that
we
will
impose
on
that
to
ensure
that
it
doesn't
create
any
potential
flooding
Hazard
for
the
housing.
K
Now
the
mayor
council,
president
Clegg
so
Boise
city
code-
and
this
is
not
in
the
zoning
ordinance-
this
is
in
the
public
works
ordinance,
but
it
requires
that
storm
water
is
retained
on
site.
K
So
through
the
grading
and
transferment
for
the
property,
the
applicant
will
be
required
to
demonstrate
that
through
engineering
calculations,
I,
don't
know
their
exact
retention
method.
Along
that
North
Boundary.
There
was
mention
of
a
French
drain.
That's
a
Subterranean
drainage
area
that
captures
storm
water,
but
by
city
code
their
storm
water
must
be
retained
on
site.
J
N
N
Just
maybe
some
of
the
more
recent
discussion
council
member
Hallie
Burton
you
asked
about.
Could
you
in
the
in
the
span
of
a
Dr
application
change
the
zoning?
And
the
answer
is
no,
that
an
applicant
is
entitled
to
the
zoning
code
as
it
exists
and
the
zone
as
it
exists
at
the
time
of
filing
the
application,
and
so
that
wouldn't
be
the
time
that
the
city
could
take
an
action
to
rezone,
a
property
and
council
member
Sanchez.
N
You
asked
about
grandfathered
uses
and
I
would
add
to
what
Josh
answered
to
say
that
grandfathered
uses
cannot
be
enlarged
and
they,
if
they
discontinued
their
own
use
and
activity
there.
They
cannot
be
replaced,
and
so
they
have
very
limited
opportunity
to
exist
because
they're
contrary
to
the
code
and
are
simply
there
as
as
non-conforming
uses
council
member
Clegg.
You
asked
about
the
the
road
that
warehouse
way
is
the
one
that
extends
along
the
west
side
of
the
property.
Winco
Court
comes
in
perpendicular
to
it.
N
The
public
right-of-way
already
does
exist
for
that
warehouse
way,
all
the
way
up
to
the
property
line
on
our
north
end,
and
it
is
shown
in
your
Gateway
East
urban
renewal
plan
to
continue
North
through
the
city
property
to
provide
connectivity,
and
so
we
are
building
that
out
and
in
conformance
with
plans
per
achd's
conditions,
we
will
build
that
we
can
provide
a
temporary
cul-de-sac
that
signed
for
future
extension
at
the
property
Edge
or
on
to
the
city's
property
with.
If
the
city
agrees
to
that.
N
As
far
as
the
use
of
that
road,
we
do
need
the
circulation
pattern
to
get
around
that
building
G.
On
the
west
side,
it
was
purposefully
oriented
to
put
the
loading
docks
on
that
West
Side
to
provide
space
them
further
from
the
Neighbors.
In
addition,
and
if
you
could,
can
we
pull
up
my
presentation
of
the
landscape
plan,
the
the
design
Review
Committee
actually
did
add
a
a
buffer
area
that
maybe
wasn't
shown
on
the
site
plan
and
get
to
it.
N
So
if
you
look
at
that
area,
that's
just
to
the
north
of
that
building.
G
you
can
see
there
is
a
landscape
firm.
That's
actually
provided
there,
a
little
landscape
area,
the
design,
Review
Committee,
looked
at
exactly
at
the
issue.
I
think
you're
talking
about
Elaine
and
asked
to
add
some
Landscaping
there
to
make
sure
there
was
additional
screening
from
that
building
and
that
roadway.
It's
also
important
to
note.
There's
some
significant
site
constraints
here.
N
N
A
few
other
issues
to
run
through
from
The
Neighbors.
In
a
very
short
time,
grading
was
touched
on
so
I
appreciate
that
I
guess
I
want
to
also
point
out
that
all
of
these
issues
about
grading,
you
already
highlighted
the
conditions
that
require
the
grading
to
be
along
the
perimeter
to
match
the
adjacent
property.
There
will
be
drainage
at
the
bottom
of
the
berm.
We
do
have
to
keep
all
of
our
drainage
on
site
and
the
and
the
grading
conditions
call
for
us
to
do.
N
You
know
as
minimal
grading,
as
is
necessary,
but,
more
importantly,
I,
think.
It's
that
it's
important
to
remember
that
you
have
a
whole
public
works
department
and
City
Engineers.
That
will
be
reviewing
all
of
these
issues.
We
cannot
proceed
with
any
development
if
we
don't
have
their
approval
of
all
of
these
conditions
with
grading,
Fire
reviews,
blasting
geotechnic
reviews,
and
so
that
will
all
be
part
of
any
construction
that
is
going
to
happen
here.
N
The
parking
area
I
think
that's
already
been
discussed
about
the
distance
of
the
prop
property
is
50
feet.
The
berming
will
also
protect
against
any
lights
there,
and-
and
there
are
no
loading
docks
on
that
side.
There
is
no
fair
housing
issues
here:
there's
no
Municipal
policy
at
stake,
impacting
impacting
housing
on
our
property
or
our
adjacent
property.
After
this
Dr
decision,
our
uses
will
remain
the
same
in
the
M2
zone.
So
will
our
neighbors
will
remain
the
same
as
they
have
as
grandfathered
uses
within
the
M1
Zone?
N
There
is
nothing
about
this
decision
that
is
impacting
the
makeup
of
the
existing
residents
there.
It's
not
changing
that
and,
as
has
been
discussed
throughout
this,
isn't
a
zoning
decision.
This
is
a
design
review
decision
and
the
commission
did
properly
take
into
account
the
distance
of
the
truck
base
at
380
feet
from
the
property
line,
so
they
did
take
into
account
the
impact
of
idling
trucks
of
safety
and
and
the
sequence
of
building
a
was
all
also
a
condition
where
they
took
into
account
what
this
site
design
is
doing
to
address
those
concerns.
N
J
P
You
thank
you
Deb
for
addressing
my
question.
I
have
a
question
back
I
guess
what
I
was
thinking
is.
P
Why
would
you
align
that
drive
East
West
instead
of
aligning
it
with
WinCo
court
and
having
it
come
down
and
and
meet
Warehouse
Drive
at
that
same
intersection,
especially
in
a
truck
making
the
turn
as
you
have
it
today
is
quite
a
tight
turn,
and
that
would
be
a
much
less
tight
turn
that
would
allow
for
a
much
larger
buffer
on
that
Northern
boundary,
and
you
could
do
all
kinds
of
of
things
in
there
that
you
can't
do
in
the
50
feet
that
you've
got
for
part
of
it
today.
P
The
other
I'll
add
this.
The
other
question
is
there
appears
to
be
fence
or
something
along.
That
is
that
a
sound
while
I
was
looking
in
the
conditions.
I
was
trying
to
figure
out
what
that
was.
N
P
N
Mayor
and
councilmember
Clegg
we're
just
trying
to
determine
if
it
doesn't
sound
like
there
is
a
fence
proposed
there
and
the
applicant
is
willing
to
put
one
there
if
it
can
fit
that
this.
That
area,
that
entire
triangle
is
constrained
by
the
pipeline,
and
so
the
detention
Pond
was
cited
there.
Also
next
to
that,
because
that
was
the
only
space
that
was
left
that
could
be
utilized
for
that.
N
P
Okay,
I
I
I
can
understand
that
I
didn't
know
if
that
was
the
case,
but
it
does
seem
to
me
that
it
would.
It
would
provide
a
much
frankly,
a
much
easier
use
of
of
that
turn
for
one
thing,
but
also
provide
that
a
lot
of
extra
space
between
where
the
actual
moving
trucks
will
be
and
the
Blue
Valley
so
I
I
would
ask
that
we'll
figure
out
a
way
to
explore
that.
E
You,
madam
mayor,
so
I
think
you
mentioned
just
a
second
ago
in
your
rebuttal
that
the
idling
trucks
for
building
a
the
closest
they're
going
to
be
is
you
said
380
feet?
Is
that
correct.
E
N
N
It
goes
from
a
zero
to
15
foot
and
we've
taken
that
15
foot
to
120
foot
and
the
commission
recognized
that,
but
then
also
wanted
to
know
what
was
the
distance
from
the
property
line
all
the
way
over
to
the
Loading
base
to
take
into
account
just
to
be
considering
the
impact
of
the
trucks,
and
they
were
satisfied
with
that
evidence
that
it
was
380
feet
that
that
orientation
addressed
that
concern.
They
did
add
the
condition.
E
Madamir,
thank
you
for
that
answer.
So
for
Building,
G,
I
guess
on
the
we're
going
to
call
that
the
southwest
side,
it's
in
the
corner.
E
E
So
other
large
trucks
are
there
is
that
is
that
about
the
same
distance
380
feet
from
the
neighborhood
is:
do
you
know
the
distance
from
those
those
trucks
as
well?
Because
those
look
to
me
like
they
might
be
the
ones
that
are
closest
to
the
neighborhood.
N
I
don't
know,
but
we
may
be
able
to
get
you
a
measurement
on
that
they're,
not
closer
than
the
front
the
back
side
of
building
a
okay
all
right!
Thank
you.
So.
J
I've
got
a
follow-up
question
on
that,
so
now,
I'm
better
following
the
council
president's
line
of
questioning
the
so
the
bays
are
on
the
top
part
of
Building
G
isn't
good,
and
so
then,
this
road
that
the
council
president
was
asking
about
is
where
is
how
the
trucks
would
access
that
top
Corner
Building
G.
N
Mayor,
that's
correct
in
a
circulation
pattern
there
and
she
was
asking
if
we
might
move
that
corner
to
not
be
such
a
sharp
corner
down,
to
provide
a
little
more
space
between
that
road
access.
The
public
road
right
away
for
warehouse
way
goes
up
to
the
property
line
already
and
has
plans
to
continue,
but
I
think
just
as
an
on-site
circulation.
C
I
have
a
question
you've,
given
some
examples
of
what
I
would
call
like
going
extra
mile
trying
to
make
sure
that
you're
trying
to
accommodate
this
as
much
as
possible?
Can
you
give
us
any
others?
You've
talked
about
the
15
foot
at
the
talk
about
the
North
and
then
gone
to
120
feet.
Are
there
others
that
you'd
like
to
make
us
aware
of.
N
Madame
mayor
council,
member
Willits
I
also
pointed
out,
in
my
testimony,
just
to
remind
you
that
the
the
proposed
buildings
here
are
40
feet
to
the
parapet,
and
the
Zone
here
would
allow
55
feet.
So
that
is
a
lesser
impact
on
the
neighbors.
The
conditions
of
approval
also
do
require
on
that
building
a
to
pull
the
mechanical
equipment
back
to
even
to
further
reduce
that,
and,
of
course,
this
landscape
area
that
we're
talking
about
is
significant,
where
it's.
N
It
is
a
50-foot
wide
landscape
area,
with
a
16
foot
tall
at
its
peak,
tiered
berm,
and
so
it's
it's
creating
significant
buffering
for
noise
light
screening,
visual,
aesthetic,
the
the
conditions
require
the
trees
to
be
staggered
and
to
be
planted
at
spacing.
That
will
really
create
that
solid
screen.
N
The
the
I
think
the
phasing
then
is
also
it's.
It,
of
course,
has
been
required
of
the
project.
I
think
that's
really!
What's
also
going
to
create
additional
accommodations
for
them.
Can
you
talk
a
little
bit
more
about
the
phasing
of
the
project,
the
building
a
going
in
first?
That
was
something
that
was
requested
early
on
from
the
neighbors
it
it
and
it
took
some
work
with
achd
on
subdivision
phasing
to
be
able
to
do
that.
But
we
have
worked
through
that,
and
that
can
happen
now.
J
X
X
X
That's
1104061b!
You
have
the
discretion
to
interpret
your
ordinance
to
protect
these
people,
and
you
should
use
it
with
respect
to
council
member
bajan's
question
about
design.
You
can
do
that
by
providing
much
more
space
between
the
idling
diesel
trucks,
which
the
only
factual
evidence
on
the
record
that's
been
presented
by
Dr
Llewellyn,
an
expert
in
the
field
demonstrates
will
create
hazardous
conditions.
X
Now
we
know
that
there
are
more
latinx
members
of
this
community
and
disabled
members
of
this
community.
The
standard
is
not,
as
the
applicant's
representative
said,
that
it
has
to
change
the
makeup
of
the
community.
The
standard
is,
it
will
have
a
disparate
impact
on
the
community.
The
ninth
circuit
says
that
20
percent
is
sufficient
for
prima
facie
showing
to
evade
a
motion
to
dismiss
summary
judgment.
X
F
This
would
be
really
straightforward
if
it
weren't
for
the
justice
issue,
the
emotional
like
real
issue,
that
there
are
real
people,
the
zoning
is
not
their
fault
that
in
many
cases
the
the
means
they
have
available
to
them.
To
adapt
to
this
change
in
use
aren't
going
to
be
sufficient
to
give
them
an
easy
way
out.
F
We
can't
let
we
can't
make
decisions
that
conflict
with
that
and
again.
So
the
fact
is,
the
proposed
use
is
allowed
as
a
matter
of
right
in
the
zone
the
zone
is
was
put
in
place
pursuant
to
the
comprehensive
plan
the
proposed
design
meets
all
of
our
requirements
and
to
to
go
the
other
way
on
that
in
order
to
preserve
an
existing
non-conforming
use
that
conflicts
with
the
Zone
conflicts
with
the
comprehensive
plan
is
just
to
not
follow
our
comprehensive
plan.
E
Then
Mary
I've
been
out
to
this
neighborhood
before
I've
ridden
my
bike
through
in
the
winter
time
a
couple
winners
ago
and
saw
the
waterfowl
in
the
pond.
It's
a
Hooded
Merganser,
that's
the
type
of
duck
that
was
out
there
so
I
know
I
know
the
neighborhood
and
I've
been
out
there
before
there's
been
a
lot
of
people
saying
that
you
would
never
do
this
in
an
affluent
area.
E
We
wouldn't
be
considering
something
that
we
wouldn't
allow
this
to
happen.
Unless
there
was
zoning
that
would
allow
it
to
happen,
and
so
in
my
mind
it
doesn't
have
anything
to
do
whether
it's
an
affluent
or
not
affluent
neighborhood.
It
has
to
do
with
the
zoning
that
borders
the
zoning
and,
in
any
circumstance,
no
matter
where
it
was
in
the
city.
We
would
have
to
consider
things
that
way:
I
don't
want
these
houses
to
go
away.
E
I
think
that
they're
important
houses
and
important
people
live
there
and
it's
a
really
unique
and
really
cool
neighborhood.
What
I
don't
want
to
happen
is
that
I
don't
want
it
to
look
like
the
movie
up,
where
there's
these
great
little
houses
and
this
great
little
neighborhood,
surrounded
by
huge
things
on
every
single
side.
E
E
So
please
don't
take
this
as
a
promise
or
a
guarantee
about
what
the
other
sides
will
look
like,
but
what
I
will
tell
you
is
that
I
will
go
and
I
will
make
sure
that
I
make
that
part
of
a
discussion
when
we
look
at
the
property
that
we
own
on
the
other
sides
of
this
and
I
think
that
was
requested
by
someone
and
I.
Think
that
that's
something
that
we
should
seriously
consider
and
I
promise
that
I'll
take
that
into
consideration
and
I'll
make
sure
that
conversation
happens,
can't
guarantee
the
outcome.
F
P
Adam
mayor,
yes,
go
ahead.
Thank
you.
I
will
likely
support
this
motion,
but
I'm
going
to
ask
that
we
actually
add
some
things
to
it
in
order
to
build
I
think
even
stronger
case
that
we're
doing
everything
to
minimize
the
impact
of
this
I
think
councilman
Bajan
was
correct
in
saying
that
you
know
the
decision
before
us
is
a
zone
that
exists.
P
P
Although
design
reviews
said
that
they
required
it
as
I
look
at
the
conditions,
it
wasn't
real
clear
to
me
that
it
was
required
that
the
landscape,
berm
and
buffer
be
extended
to
the
Northwestern
corner
of
the
property
along
the
northern
Edge,
to
the
west,
of
where
the
warehouse
way
right-of-way
intersects,
the
northern
boundary,
but
even
further
than
that
and
I
would
I
guess
allow
the
applicant,
if
they're
so
moved,
to
get
out
of
this
condition
by
showing
sound
studies
that
would
show
it
wouldn't
be.
P
But
once
you
get
west
of
the
western
edge
of
building
a
the
rest
of
the
site,
actually
is
the
sound
from
the
West
to
the
rest
of
the
site?
Could
in
fact
filter,
North
and
there's
really
other
than
the
landscape
of
her?
P
Not
much
to
stop
it
and
I'd
like
to
propose
that
we
also
add
a
requirement
for
a
sound
wall,
the
kind
that
we
have
along
Curtis
Road,
the
kind
that
we
have
along
Cloverdale
in
parts
of
Five
Mile,
where
they
were
widened,
either
on
the
top
of
the
berm
or
on
the
edge
of
the
property
boundary
along
that
Northern
boundary
west
of
the
edge
of
building
a
as
well
I
think
with
those
two
additions.
In
addition
to
realigning
the
roadway,
if
it's
possible,
we
do
create
a
true
buffer
along
that
Northern
boundary.
P
F
Madam
mayor
I
certainly
respect
the
intent
of
both
of
those
proposals
on
the
northwest
side.
It
doesn't,
it
doesn't
abut
the
residential
use
and
then,
as
to
the
sound
wall,
I,
don't
see
evidence
of
a
sound
problem
that
would
warrant
reversal
on
that
issue
or
modification
on
that
issue.
But
then,
more
fundamentally,
it's
allowing
the
conditioned
non-conforming
use
to
impinge
on
the
property
rights
that
are
associated
with
the
zoned
permitted
comprehensive
plan
use.
So
if
they,
if
the,
if
the
council
feels
that
they
want
that
they
can,
they
can
vote
against
the
motion.
J
J
C
P
Thank
you
certainly,
so
I
was
not
suggesting
that
anything
be
done
along
the
Northwest
boundary
I
was
suggesting
that
the
the
landscape
berm
in
fact,
that
the
requirement
be
that
it'd
extend
all
the
way
along
the
northern
boundary
to
the
northwest
corner,
which
I'm
not
clear
that
it
does
today,
there's
a
little
bit
of
it
and
the
road
may
or
may
not
be
realigned.
P
If
the
road
cannot
be
realigned
and
the
landscape
berm
as
a
50
foot,
wide
portion
cannot
be
extended
further
to
the
West.
So
a
sound
wall
could
provide
some
protection
that,
in
my
mind,
while
I
understand
what
council
member
Beijing
said
about
allowing
non-conforming
use
to
impinge
on
a
existing
Zone.
I
guess
I
look
at
it
as
we
have
a
responsibility
to
minimize
the
impact
of
that.
P
Existing
Zone
on
the
existing
residential,
even
though
it
is
non-conforming,
and
so
the
sound
wall
would
be
along
that
Northern
boundary
Beyond,
the
Edge
of
building
a
because
there
really
is
not
much
that
prevents
light
noise
fumes,
sound
everything
from
filtering
North
into
the
residential.
Beyond
that
building
the
building
itself
is
what
provides
the
biggest
buffer
on
the
Eastern
portion
of
the
site.
E
Councilman,
council
president
clay
I'm
going
to
ask
for
clarity.
Maybe
just
one
more
time
and
just
tell
me
if
I'm
getting
this
correct,
you're
asking
for
the
I.
J
Have
a
question
I
have
a
request
actually
can
Josh
or
Whoever
has
control
of
the
mouse?
Is
this?
Can
somebody
use
the
mouse.
E
E
P
E
P
You
I
I
worded
it
that
we
would
require
the
sound
wall
and
the
applicant
could
choose
to
do
a
sound
study
and
show
us
it
was
not
necessary
if
they
wanted
or
they
could
build
it.
M
P
Matt
mayor
with
that,
I
would
I
guess,
make
a
motion
to
request
the
that
we'd
be
allowed
to
make
a
substitute
motion.
Second,.
J
J
E
J
J
All
right
with
that
clerk,
let's
call
the
roll.
P
P
J
E
Then
Mary
so
for
the
maker
of
the
motion
I'm
wondering
if
you
would
accept
extending
the
berm
along
the
entire
entries
along
the
entire
Northwest
gate
and
the
reason
why
is
there
are
some
sound
issues,
but
there
are
some
visual
issues
as
well:
the
people
who
are
living
on
a
different
side
of
the
area.
This
would
block
basically
the
entire
lot
and
provide
a
landscape
barrier
along
the
entire
way,
and
in
addition,
we
could
ask
the
applicant
to
consider
additional
sound
barriers
if
possible.
F
Metamere
I'm
happy
to
amend
the
motion
to
ask
the
applicant
to
consider
sound
barriers
if
possible.
My
issue
with
extending
the
berm
barrier
or
fence
all
the
way
along
the
north
side
is
that
the
residential
use
doesn't
abut
there
and
it's
city-owned
property
around
there.
So
it's
kind
of
putting
this
buffer
structure
out
into
one
edge
of
what
is
presently
the
desert
and
what
will
presumably
become
something
again
for
the
purpose
of
accommodating
a
non-conforming
use
whose
grandfathered
right
shall
not
be
expanded.
P
F
Okay,
I
was
trying
to
include
it
all
in
one
class.
The
motion
to
deny
the
appeal
modify
the
findings
to
include
a
condition
where,
if
possible,
consistent
with
the
pipeline
soften
the
turn
at
the
northeast
corner
of
Building
G
and
then,
if
possible,
consider
a
sound
well
that
council
member
Hallie
Burton's
request.
F
P
President,
thank
you,
madam
mayor
I'll,
just
I'll
point
out
that
the
design
Review
Committee
did
expand
the
buffer
not
as
far
as
I
would
have
had
it
been
me,
but
it
does
now
go
almost
to
the
edge
of
Building
G.
So
just
point
that
out
for
those
of
you
who
are
trying
to
figure
out
how
to
vote
on
this.
J
P
C
Yeah
I
met
a
mayor
I'm
going
to
oppose
the
motion
and
I
understand
I.
Why
the
council
members
going
there
we've
deliberated
on
this
for
a
couple
of
hours
and
I
have
a
couple
of
thoughts.
I
mean
this.
This
is
so
difficult
because
we
have
an
island
of
residential,
surrounded
by
a
sea
of
industrial
and
I.
Understand
the
applicants.
C
Perspective
I
have
sympathy
for
it
for
them,
because
you're
following
the
rules,
I
have
sympathy
for
the
appellants
because
they
think
the
rules
are
unfair
and
to
add
to
this,
this
isn't
going
to
change
it's
going
to
get
worse,
because
the
zoning
rewrite
doesn't
change
anything.
So
this
is
going
to
continue
to
be
an
issue.
C
I
I
can
tell
that
we're
all
trying
to
find
a
solution
here.
Personally,
I,
don't
like
the
idea
of
a
sound
wall.
I
know,
that's
not
a
a
current
motion.
I
think.
That's
that
feels
very
industrial
to
me.
I
think
that
loses
the
character
than
of
the
neighborhood,
but
I'm
gonna
vote
no.
P
I'm
gonna,
I,
potentially
surprise
folks
and
vote
I
I
think
I
will
be
supporting
this
motion.
I
want
to
share
some
of
my
reasoning
before
I
vote.
P
The
buffer
has
been
extended,
West
from
where
it
was
originally.
The
motion
does
proposed
to
allow
the
applicant
to
look
at
sound
barriers
and
I'll
agree
with
councilmember
Willits
I,
actually
don't
like
sound
walls
at
all.
However,
they
do
work
in
some
places
when
used
appropriately
and
used
minimally,
which
this
would
be
so
I'm
hopeful
that
that
it
might
work
I
understand
that
we
haven't
done
any
studies
to
see
if
it's
needed,
so
I
I
think
the
motion
is
appropriate,
but
more
than
that
I'll.
P
Second,
what
council,
member
Holly
Burton
had
to
say
about
our
ability,
as
we
go
forward,
both
with
the
zoning
ordinance
and
with
our
own
land,
to
look
at
Solutions
to
this
going
forward.
I
think,
with
this
vote,
we
will
do
what
we
can
on
this
Southern
border
and
I.
Think
we
have
opportunity
to
look
at
other
things
on
the
Western
and
northern
border
of
Blue
Valley,
going
forward
and
I'm
satisfied
that,
with
those
possibilities
in
place
today,
would
be
the
right
vote
to
allow
this.
E
I'll
be
supporting
the
motion
as
well,
and
the
reason
why
I
asked
to
like
not
just
say
to
consider
the
sound
wall
but
to
consider
sound
Majors
is
because
I
really
think
that
there's
probably
some
other
things
that
might
be
able
to
be
done
in
an
environmentally
friendly
way
of
potentially
extending
a
berm
using
grasses
using
Sagebrush
finding
ways
to
blend
that
kind
of
Northwestern
Edge
in
with
the
surroundings
and
I
guess.
I
would
just
ask
the
applicant
that
you
consider
ways
to
do
that
as
you,
you
know,
build
this
out
even
more
foreign.
J
I,
don't
think
I'll
be
voting,
but
I
want
to
say
a
couple
things
I
might
be
voting.
We
have
discretion
here
and
I
appreciate
what
council
president
Clegg
and
councilmember
Halliburton
were
trying
to
do
with
some
of
the
proposed
amended
motions,
because
there
are
you
know
in
this
process.
J
This
is
where
it
comes
to
and
we're
in
this
circular
space,
where
everything's
zoned
in
one
way
and
I
said
this
several
years
ago
and
I
still
believe
it,
and
we
say
we
can't,
but
we
do
have
one
time
of
discretion,
and
that
is
when
we're
looking
at
the
design
review
and
how
we
mitigate
the
impacts
and
I
think
it's
important
too
I.
These
are
industrial
areas
and
industrial
work
will
occur.
This
will
likely
move
forward.
J
It's
been
improved
and
this
improved
in
this
process,
but
we
have
discretion
not
to
preserve
a
use
and
we
go
into
legalese
and
we're
saying
you
know
existing
non-conforming
use.
These
are
people
and
homes
and
affordable
homes
that
are
really
important
to
our
community
and
we
have
the
discretion
to
protect
people
and
health
in
the
in
these
homes.
And
so,
and
we
do
that
by
looking
at
a
design
review
process
and
taking
the
opportunity
when
we
can
to
either
weigh
in
on
an
appeal
or
to
make
changes
to
it,
to
improve
it.
J
Because
this
is
the
point
of
discretion
and
I
appreciate
that
councilmember
Hallie
Burton
wants
to
look
at
how
we
address
this
and
the
zoning
code
rewrite
I'm
talking
with
staff
tomorrow
on
this
and
some
other
things,
because
there's
a
way,
while
not
taking
away
a
right,
that
an
industrial
property
has
to
mitigate
the
impact
that
an
industrial
property
has
on
people
and
that's
what
we
need
to
take
into
account
when
we're
looking
at
what
what's
happening
on
the
on
the
piece
of
property.
A
Of
Mayor,
I
wasn't
going
to
say
anything,
but
no
I
think
I
would
like
to
I.
A
I,
also
recognize
that
you
know
folks
have
been
living
out
here
longer
than
I've
been
alive,
there's
also
an
airport
overlay
that
prevents
us
from
doing
more
residential
in
this
area.
That's
a
real
constraint
that
I
think
hasn't
come
up
and
it's
what
causes
this
area
to
be
industrial
is
that
it's
right
by
the
airport
there's
actually
sound
mitigations
that
make
it
so
that
we
cannot
put
certain
types
of
residential
because
of
fair
housing.
Ironically
in
these
airport
area
of
impact,
so
that's
I
think
a
consideration
that
hasn't
really
come
up
tonight.
A
A
Is
it
going
to
be
the
sagebrush
field
that
it's
been
for
ever?
No,
it's
not,
but
I
think
that
it's
hopefully
a
middle
ground
that
will
allow
the
use
of
the
land
and
also
provide
that
physical,
visual
buffer
from
what
will
I
mean
practically
look
like
commercial
and
not
industrial
from
that
side
of
the
property,
because
it'll
be
a
parking
strip
and
a
commercial
building
and
then
hundreds
more
feet
away.
You'll
have
the
loading
docks
on
the
other
side
of
the
building
not
visible
from
the
residential
area.
A
So
I
think
that
this
was
actually
a
well-designed
project
that
takes
a
lot
into
account
and
and
I
I
mean
My.
Hope
Is
is
that
once
it's
all
built
out
and
during
the
building
that
the
the
developer
is
really
cognizant
of
neighbors
and
makes
sure
that
communication
is
good.
A
Communication
is
clear
when
things
are
going
to
be
happening
on
that
property
that
are
going
to
impact
the
neighbors
that
they
know
in
advance
if
there's
going
to
be
blasting
or
anything
like
that,
so
that
they
can
be
prepared
and
that
when
this
is
all
built
out,
it's
not
as
detrimental
as
everyone
fears
and
I
think
it's
I
mean
really
about
the
best
that
we
can
do
so
thanks
for
hanging
in
there
tonight
with
us,
and
it's
good
to
see
a
lot
of
old
familiar
faces
like
Kara.
So
thanks
for
coming.
B
This
isn't
the
first
time
we've
had
this
neighborhood
before
us,
and
you
know
one
of
the
questions
I
asked
was
about
what
does
it
mean
when
we
grandfather
someone
in
and
what
I
heard
in
response
was
the
the
folks
who've
been
grandfathered
in
that
you
know
they
can't.
You
know
if
they
give
that
give
up
that
status,
there's
no
going
back.
B
It
is
what
it
is,
but
what
I
really
didn't
hear
was
what
is
our
responsibility
once
we've
offered
up
that
status
and
and
I
think
that
I
I
think
that
more
could
have
been
done
to
take
into
consideration
the
folks
who,
as
Council
Pro
tem
woodings
mentioned,
have
been
there
longer
than
we've
been
alive,
and
you
know,
at
the
end
of
the
day,
I
appreciate
the
president's
effort
to
expand
those
protections
to
the
residents
and
still
be
able
to
honor
what
what
that
project
is.
B
O
B
S
P
J
Thank
you,
I
appreciate
everybody
being
here
tonight
and
the
conversation
we
had
there's
nothing
further
to
come
before
the
council,
so
Madam
mayor,
I,
move.
We
adjourn.
Second,
all
in
favor.