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From YouTube: Boise City Council - Evening Session
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A
D
A
E
Madame
mayor
I
move
approval
of
the
work
session
and
Regular
evening
meeting
minutes
for
October
4th
2022.
A
A
You
and
next
up,
we
have
some
very
special
business.
We've
got
Jim
Warrens
here
with
us.
I've
nominated
him
to
serve
on
the
Public
Works
commission
for
a
four-year
term,
and
he
has
agreed
so
with
that.
His
nominations
before
you
better
bear.
E
I
ask
unanimous
consent
to
a
point:
Jim
wernz
to
the
public
works
commission
for
a
four-year
term,
ending
October
2026
without
objection
and
Madam
mayor
I
was
so
excited
to
see
this
appointment
pop
up,
I've
known
Jim
for
a
long
time.
I
think
many
of
us
have
and
to
have
someone
of
this
caliber
willing
to
put
in
the
work
to
serve
on
our
Public's
Works
commission
is,
is
just
amazing
and
want
to
thank
him.
A
When
I
know,
Jim
had
a
couple
things
to
say
so
come
on
up
and
while
you're
on
your
way
up,
I
just
want
to
say
thanks
as
well
Jim
for
many
many
years
served
as
the
head
of
EPA,
Idaho
and
retired.
He
looks
much
younger
than
he
is,
was
lucky
enough
to
retire
and
I
was
really
excited
to
that.
A
He
was
willing
to
not
really
step
out
of
retirement
but
to
add
to
his
fun
activities
and
include
serving
on
the
Public
Works
commission
as
one
of
his
fun
retirement
activities
and
because
of
the
not
only
the
good
work
that
you've
done
and
did
for
the
state,
but
the
partnership
that
we've
had
over
the
years
on
both
when
you
were
in
that
role
and
Beyond,
and
how
much
that
overlaps
with
the
work
that
Steve
and
his
team
is
doing
at
public
works
and
it's
particularly
important
as
they
shepherd
through
our
climate
action
division
are
the
very
successful
climate,
clean
water
and
climate
action
Bond
and
the
new
water
renewal
systems
that
we
expect
to
build.
A
F
Great
I
think
this
is
on.
Can
you
hear
me
all
right,
yeah
good
evening,
and
and
thank
you
mayor
and
Council
council
members
for
a
nice
welcome
and
yes,
I'm
actually
enthusiastic
about
joining
the
commission.
F
I
did
have
a
great
long-running
career
and
I
got
really
twisted
into
a
lot
of
Municipal
infrastructure
issues,
primarily
in
the
public
works
Arena
during
my
EPA
career
and
I'm
really
interested
in
the
issues
and
we've
got
a
lot
of
big
challenges
and
when
you
look
at
the
suite
of
activities
that
the
public
works
department
has
to
tussle
with
and
sort
of
the
future
goals
that
we've
got
in
the
city.
For
you
know
a
low-carbon
future,
there's
there's
some
great
issues
to
work
through
and
some
important
Investments
to
make.
A
You
all
right,
you
are
free
to
leave.
Of
course
you
can
stay
and
listen
if
you'd
like,
but
we
won't
think
any
less
of
you
if
you
head
out
and
with
that
we'll
move
on
to
the
consent
agenda.
All
items
with
an
asterisk
are
considered
to
be
routine
by
the
council
and
will
be
enacted
by
one
motion.
There'll
be
no
separate
discussion
on
these
items
unless
a
council,
member
or
citizen
so
requests,
in
which
case
the
item
will
be
removed
from
the
general
order
of
business
and
considered
in
its
normal
sequence.
C
Yes,
I
just
want
to
point
out
in
the
minutes
and
reports
that
we
have
minutes
from
the
first
two
Boise
district
and
commission
meetings
and
remind
everyone
in
the
public
that,
if
you
are
so
inclined,
you
have
two
more
days
to
use
our
magnitude
tool
to
create
and
submit
potential
districting
maps
to
the
Boise
districting
commission
for
their
consideration
at
their
October
19th
meeting
so
hop
online.
It's
on
our
website,
just
search
for
Boise
district
and
commission
and
you
can
nerd
out
on
maptitude.
D
F
E
D
G
B
Sanchez,
yes
Willits!
Yes,
all
in
favor
motion
carries
ord-47-22
an
ordinance
car
22-00008
for
property
located
at
2667
Victory
View
Way,
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
r-1a
single
family
residential
2.1
units
per
acre
to
m-1d
light
industrial
design,
review,
setting
forth
A
Reason
statement
in
support
of
such
zone
change
in
providing
an
effective
date.
E
A
An
appeal
of
the
Planning
and
Zoning
commission's
approval
now
I
have
on
here.
The
presenter
is
Jesse,
hello,
welcome
and
then
the
appellant
Dan
navala,
our
couch
Law
Office
hi
Dan,
the
applicant
Daphne
Romani
Daphne,
the
neighborhood
association,
Ethan
Mansfield
is
Ethan
online
all
right
and
then
we
don't
expect
any
of
the
public
to
attend.
But
if
anyone
is
Amanda,
are
you
here
for
this?
Yes,
okay?
A
H
Madame
mayor
members
of
the
council,
the
item
before
you
is
the
appeal
of
PUD
22-3,
an
application
for
a
plan
residential
development
comprised
of
77
multi-family
units.
The
subject
property
is
located
on
5.26
Acres
at
1093,
Hilton
Street
in
an
R2
Zone
and
surrounded
by
a
mixture
of
housing
types
with
commercial
uses
to
the
South
and
the
east.
H
At
the
Planning
and
Zoning
commission
meeting
on
April
4th,
the
commission
approved
the
applicant's
proposal
to
convert
the
structure
from
an
assisted
living
use
to
a
multi-family
building
with
conditions.
There
was
public
testimony
given
concerning
the
lack
of
transparency
by
the
property
owners
about
their
intentions.
H
While
the
commission
expressed
their
frustration
with
the
limitations
of
the
code
and
acknowledged
this
was
difficult
emotionally,
they
ultimately
decided
this
was
a
land
use
decision
and
that
the
application
met
the
criteria
for
approval.
As
seen
on
the
screen
on
April
14th,
an
appeal
was
received
from
our
couch
Law
Firm
on
behalf
of
Mark
Steinfeld,
stating
two
main
grounds
of
appeal.
The
applicant's
memo
asserted
that
noticing
provided
by
the
city
and
the
applicant
did
not
comply
with
the
requirement
to
notice
residents
and
Property
Owners
within
500
feet
of
the
site.
H
Well,
there
was
a
typo
on
the
project
report
that
stated
notices
had
been
mailed
to
properties
within
300
feet.
Notices
were
correctly
mailed
to
owners
and
residents
within
500
feet
of
the
subject.
Property.
The
public
record
does
not
show
the
list
of
all
names
for
the
sake
of
privacy,
but
there's
a
map
showing
all
addresses
which
receive
notice.
Unlike
multi-family
buildings,
residents
of
the
assisted
living
facility
do
not
have
individual
units
with
individual
addresses,
so
they
did
not
receive
individual
notices.
H
H
Your
parents
memo
also
states
that
the
application
will
harm
the
community
overall
and
that
the
proposal
is
not
supported
under
the
goals
and
principles
of
the
comprehensive
plan,
namely
that
the
subject
property
is
in
an
area
of
stability.
The
conversion
rules
out
in
fewer
units
and
the
building
does
not
constitute
an
Adaptive
reuse,
as
is
not
historic.
H
The
subject
properties
in
close
proximity
to
a
community
Activity
Center,
which
is
recognized
as
an
infill
priority
area.
In
an
area
of
change,
the
applicant
does
propose
to
decrease
the
unit
count,
but
the
proposal
contains
a
mixture
of
unit
types
which
will
allow
for
an
increase
in
density
in
your
public
transit
and
other
necessities
which
can
reduce
vehicle
miles
traveled,
while
the
building
is
not
considered
historic,
reuse
of
the
building
diverts
materials
from
the
landfill
and
is
in
line
with
the
city's
sustainability
goals.
H
In
conclusion,
the
planning
team
recommends
the
council
deny
the
appeal
and
uphold
the
commission's
original
decision
to
approve
the
Pud,
as
the
request
meets
the
required
findings
and
complies
with
the
requirements
of
the
development
code.
There's
no
evidence
to
suggest
the
commission
aired
in
this
decision
and
I
will
happily
answer
any
questions.
E
Yes,
as
I
read
through
the
transcript,
the
Planning
and
Zoning
commission
was
instructed
on
the
things
in
the
ordinance
that
they
could
rule
on
for
PUD.
But
I
didn't
see
any
discussion
about
the
things
in
the
comprehensive
plan
that
they
could
consider
in
terms
of
conditions
on
the
application.
H
Madame
mayor
members
of
the
council,
there
was
not
any
direct
discussion
of
the
comprehensive
plan
that
night
I
believe
that
the
commission
looked
through
some
of
the
elements
within
the
project
report.
Okay,.
G
Ben
Mary
I
do
have
a
question
just
about
as
far
as
the
public
process
goes.
So
maybe
you
can
tell
me
if
I'm
correct.
So
if
there's
an
assisted
living
facility,
is
it
sort
of
treated
like
there's?
No
there's
no
individual
addresses
there
are,
but
we
think
there
would
be
room
numbers
but
like
is
it
treated
like
a
group
home
where
you
only
have
the
one
address
and
the
people
who
live
there,
don't
necessarily
have
their
own
I.
G
Guess
I'm
not
going
to
award
this
correctly
I'm
having
a
hard
time
trying
to
understand
how
you
can
engage
people
in
the
public
process
and
what
the
difference
is
between
an
assisted
living
area
where
people
have
residences
and
get
mail
delivered
to
them,
and
the
difference
between
that
and
the
multi-unit
housing
complex.
H
Madame
mayor
members
of
the
council,
this
is
kind
of
a
unique
situation
where,
if
you
have
a
multi-family
building,
each
unit
has
its
own
separate
address.
However,
when
we
use
the
JS
to
populate
the
noticing,
it
doesn't
come
up
with
different
tenant
names
or
different
tenant
numbers
for
their
rooms.
It
comes
up
with
the
building,
because
the
building
is
a
care
facility.
Okay,.
G
Metamere
just
to
follow
up
with
this,
so
in
our
in
our
code,
does
it
list
these
different
types
of
facilities,
the
same
that
it
only
needs
to
have
the
one
the
one
notification
sent
to
the
one
address
since
there's.
Only
technically
one
address
is
it
spelled
out
there
pretty
specifically
Madame.
H
Mayor
council
members
I
believe
that
the
code
just
states
that
it
has
to
be
addressed
to
owners
and
occupants
of
the
facility.
So
in
this
case,
since
there
are
not
multiple
separate
addresses
within
that
facility,
they
did
notice
to
the
tenant
of
the
facility
and
whoever
receives
the
mail
in
that
facility
received
that
notice.
Great.
G
H
I
Madam
mayor
council
members,
thank
you,
I
put
together
a
short
PowerPoint
presentation
for
walk
through
the
issues
as
I
see
them.
You've
touched
on
some
of
them.
The
first
issue:
I
represent
Mark,
seidenfeld
and
Mark's
brother
is
a
member
who's.
A
resident
at
this
assisted
living
facility
and
notice
is
the
big
issue
here.
There's
two
types
of
notice
that
he
needed
to
go
out
here.
One
is
for
the
for
the
neighborhood
meeting
and
the
second
was
for
the
actual
public
hearing.
So
in
terms
of
an
agenda,
I
have
a
clicker
here.
I
So,
as
I
think
it's
been
mentioned,
this
was
a
fairly
emotional
hearing
at
the
time
and
I
thought
I'd
point
out
some
of
the
commissioner's
comments
and
some
of
what
I
think
they
struggled
with
at
the
at
the
time
of
the
public
hearing.
I
There
were
115
residents
in
this
facility
and
from
our
best
investigation,
while
it
I
do
think
the
facility
was
mailed
notice.
The
individual
members
of
the
individual
residents
never
received
notice
I
think
it
was
posted
in
terms
of
the
mailbox
situation
that
councilmember
Halliburton
raised
these
and
in
talking
to
Mark.
I
I
So
the
issue
of
whether
or
not
these
folks
got
notice
is
fundamental
to
this,
and
it
comes
down
to
really
a
fundamental
fairness
and
a
due
process
issue
as
to
whether
or
not
the
members
and
the
residents
of
these
of
this
facility
got
noticed
of
both
the
neighborhood
meeting
and
of
the
public
hearing.
So
if
I
go
back
and
I,
take
a
practical
look
at
this,
what
I
see
is
there
was
one
written
comment
submitted
and
there
were
four
people
who
testified
at
the
public
hearing
and
they
were
family
members.
I
The
way
they
learned
about
the
public
hearing
wasn't
because
of
the
notice.
It
was
because
of
publicity
that
came
through
the
newspaper,
so
I
look
at
those
numbers
and
I
see
the
115
residence
and
it
just
doesn't
add
up
to
me
what
it
seems
to
me
is
it's
clear
to
me
that
these
people
did
not
have
notice
their
family
members
didn't
know
about
this,
otherwise
I'm
almost
certain,
it
would
have
been
more
of
a
response.
I
I
think
it's
just
what
this
ultimately
has
the
possible
impact
of
doing
is
forcing
these
people
to
find
a
new
place
to
live.
We're
talking
about
the
possibility
of
displacing
elderly
and
displacing
folks
with
disabilities
and
now
I'm
not
trying
to
downplay
that
this
is
a
land
use
decision.
What
I'm
trying
to
say
here
is
that
I
think
that,
as
an
issue
of
fundamental
fairness,
I
don't
think
they
had
proper
notice.
Therefore,
I
don't
think
Planning
and
Zoning
had
the
opportunity
to
hear
from
the
public
that
would
be
impacted
directly
by
this.
I
That's
my
first
issue
on
appeal
here
is
is
the
notice
issue
and
there
are
two
ordinances
that
address
both
the
neighborhood
meeting
and,
secondly,
the
public
hearing.
So
the
language
in
the
neighborhood
meeting,
ordinance
States
for
comprehensive
plan,
land
use
map,
addendums,
annexations
and
rezones
special
exemptions,
conditional
use
permits
and
planned
unit
developments
greater
than
one
acre
or
on
a
Gateway
Street.
The
notice
shall
be
sent
or
delivered
to
Residents
and
Property
Owners
within
500
feet
of
the
site
and
to
the
registered
neighborhood
association.
I
I
The
next
piece
of
this
is
with
regard
to
the
public
hearing
step
four
notice:
Sub
Sub
C
talks
about
mailed
notice,
which
is
just
there's
a
distinction.
There
I
think
mailed
notice
implies
use
of
the
U.S
mail.
It
reads:
notice
shall
be
mailed
to
the
applicant
and
to
the
property
owners,
purchasers
of
record
residence
and
registered
neighborhood
associations
within
the
subject:
property
C
for
comprehensive
plan,
land
use
map
amendments,
rezone,
special
exemption
subdivisions,
five
acres
of
Greater
and
conditional
use
permits
planned
unit
developments
greater
than
one
acre
or
in
a
Gateway
Street
500
feet.
I
So
the
piece
here
that
I
think
is
is
critical,
is
shall
be
mailed
to
the
applicant
and
to
the
property
owner's
purchases,
a
record
Regis
residents
and
registered
neighborhood
associations,
so
shall
be
mailed
again
residents
the
only
the
best
analogy,
or
a
analogy
that
I
thought
of
in
terms
of
trying
to
compare
what's
going
on
here
with
with
something
that
I
think
we
can
maybe
wrap
our
hands
around
is
when
we
mail
something
to
a
student.
At
a
college
they
get,
they
have
a
mail
room.
I
I
What
happens
here
is
the
U.S
mail
I
think
it's
very
it's
the
exact
same
situation.
They
have
they
process
the
residence
mail
and
they
go
ahead
and
they
put
a
they
put
a
flyer
or
a
letter
or
whatever
in
each
one
of
these
resonance
mailbox.
That's
how
they
get
their
mail
in
this
situation.
To
the
best
of
my
knowledge,
one
mailing
was
sent
to
the
owner
and
that's
where
you
know,
that's
that's
what
was
generated
in
terms
of
the
address,
but
that's
not
the
reality
of
the
situation.
I
The
reality
of
the
situation
is
U.S
mail
processes,
these
this
male
that
comes
to
this
facility
and
it
gets
delivered
to
each
of
the
individual
residents.
In
my
clients,
individual
situation,
Mark's
brother,
is
the
resident.
Mark's
brother
suffers
a
little.
He
suffers
from
neurodegenerative
issues
and
he's
not
really
able
to
process
his
mail.
I
So
Mark
processes
it
for
him
and
that's
why
Mark
is
essentially
come
to
me
asking
me
to
bring
this
to
you
and
explaining
the
situation
to
you,
and
you
know
very
clearly
explaining
that
his
brother
did
not
get
this
notice
the
way
he
learned
about
this
was
through
the
newspaper.
So
that's
that's
the
notice
issue.
I
The
second
reason
we
appealed
this
has
to
do
with
comprehensive
plan
and
I
think
that
PNC
was
they
mentioned.
They
were
looking
for
reasons
and
they
were
struggling
in
wrestling
with
the
idea
of
how
how
could
they?
You
know
they
felt
they
had
to
approve
this,
and
they
were
looking
for
reasons
I
think
not
to
approve
this
and
I.
Think
if
they'd
have
looked
a
little
closer
to
the
comprehensive
plan,
they
would
have
found
the
answer
all
right.
I
I
And
I
Statewide
there
goal
two
NAC
2.2
and
corporate
housing
was
cited.
We
talked
about,
they
talked
about
density.
I
I
Gold
CC
1.1
reduce
vehicle
miles
traveled
the
applicant
states
that
the
project
will
not
reduce
the
vehicle
miles.
Traveled
I
keep
going
through
there's
more
reasons.
I
I
This
is
a
pretty
important
one
for
us
because
it
really
does
directly
address
part
of
the
issue
here.
Theme
number
seven
in
the
comp
plan
Boise
recognizes
the
need
to
protect
the
health
of
all
of
its
residents,
including
this
most
vulnerable
populations,
refugees,
homeless,
elderly
and
low-income
residents.
I
Mark's
brother,
in
particular,
one
of
the
comments
is
that
there's
an
abundance
of
of
facilities
like
this
one
for
his
brother
to
go
and
find
a
place,
a
new
place
if
he
needs
from
what
Mark
tells
me
and
from
my
own
personal
understanding
of
the
situation.
That's
simply
not
true:
there's
not
an
abundance
of
assisted
living
facilities
that
will
take
a
resident
or
a
potential
resident
with
neurodegenerative
issues.
I
This
is
the
one
issue
that
I
that
I
I
said:
okay,
fine,
if
this
is
one
of
the
goals
that
supported
this
could
possibly
be
a
positive
impact
here.
If
this,
if
the
improvements
were
made,
the
street
improvements.
That's
four
out
of
five
here's
the
reason
statement.
I
D
Without
getting
too
far
into
anybody's
personal
life,
details,
I
guess
I'm
curious
as
to
why
you
represent
a
brother
who
doesn't
live
there
with
a
set
of
notice,
complaints
that
really
go
to
the
rights
of
the
brother.
Who
does
live
there?
Why
don't
you
represent
the
resident
yeah
all.
I
Right,
I
guess
to
answer
the
question:
the
brothers
simply
acting
as
his
brother's
agent
and
he
came
to
me,
I'm
I'm,
willing
to
divulge
that
my
client
is
an
attorney
and
he's
he
testified
at
the
public
hearing.
I,
don't
think
his
brother's
able
to
really
comprehend
all
of
this,
and
what's
going
on
with
with
all
of
the
nuance
and
detail
here
and
so
he's
essentially
just
acting
as
a
Brother's
agent.
K
You
yep
go
ahead
just
to
follow
up
so
just
does
a
gentleman
have
legal
guardianship
or
something
over
his
brother.
A
Yeah
I,
actually
I
I,
don't
think
that
that
is
something
that
is
appropriate
or
part
of
the
should
be
part
of
the
record
here.
Okay,
I
mean
we
have
an
attorney
who
is
appealing
the
case
okay
and
is
representing
the
appellant
in
this
case,
and
that's
okay,
just
as
it
is
okay.
K
A
A
Marks
Mark's
one
of
the
hello,
sir
you're,
on
the
list
of
interested
parties
right
now,
because
you've
got
two
minutes
left,
so
you
can
finish
or
you
can
finish
the
remarks
with
the
time
that
you've
got
it.
It's
totally,
but
I
think
that
the
question
about
legal
connections
and
stuff
is
isn't.
J
I'm
happy
about
that,
but
to
answer
the
question
I
am
I,
do
have
legal
power
of
attorney.
The
point
I
want
to
make
is
that
this
is
not
a
question
of.
If
the
code
requires
ABC
and
the
application
says,
we
have
ABC
that
it's
approved
a
robot
could
do
that.
The
reason
I
appealed.
This
was
because
I
was
hoping
that
the
Planning
and
Zoning
Board
would
use
their
discretion
to
see
what
was
going
on
here.
J
The
process
was
flawed.
These
people
have
individual
mailboxes,
they
were
not
notified.
Nobody
who
was
a
resident
in
this
facility
went
to
the
hearing
the
public
hearing
because
they
didn't
know
about
it
and
when
news
did
come
out,
the
developer
sent
a
letter
saying,
don't
worry,
we're
not
going
ahead.
Stop
and
I
checked
online,
and
there
it
was.
They
were
still
going
ahead,
so
I
felt
we
were
misled,
but
in
any
event,
I
hope.
You
are
aware
this
is
an
extremely
vulnerable
population.
People
in
wheelchairs
people
with
Walkers
they
can't
get
around.
J
Some
of
them
have
been
there
a
long
time
one
man
I
spoke
to
was
there
for
12
years.
Some
of
these
people
have
no
families
they're
not
going
to
be
able
to
just
get
up
and
move
frankly,
I
think
what
is
going
on
here
is
unconscionable
and
and
should
not
be
allowed.
G
J
H
Madam
mayor
members
of
the
council,
while
there
are
internal
mailing
systems
available,
these
systems
are
not
publicly
represented
and
publicly
available.
So
while
there
are
mailboxes
and
addresses
for
individual
residents,
that
is
with
an
internal
mailing
system,
it
would
be
like
a
dorm
dorms,
wouldn't
get
each
individual
receipt
as
well,
and
unlike
a
multi-family
building
that
has
each
individual
addresses.
G
H
May
I
remember
the
council,
that's
correct,
it's
listed
as
one
address
and
then
they
have
individual
rooms
within
that
address.
But
those
are
not
on
the
public
side
of
the
mailing.
K
Okay,
Madam
mayor
sir,
you
said
that
when
the
post,
the
letter
carrier
shows
up,
they
are
the
ones
to
deposit
the
mail
in
each
individual
box.
Yes,.
J
E
Had
a
mirror?
Yes,
so
a
follow-up
question
on
that,
if
these
aren't
publicly
available,
why
is
it
that
the
post
office
delivers
to
them.
H
Madame
mayor
members
of
the
council,
I
mean
when
I
say
publicly
available:
I
mean
that
they're
not
assigned
individual
addresses
by
the
post
office.
Each
room
is
not
assigned
individual
addresses
like
the
same
thing
with
a
dorm.
You
can
write,
you
know
room
107
and
they
might
have
their
internal
mailbox
for
that,
but
that
is
not
publicly
available
as
an
individual
address.
Okay,.
E
Thank
you
second
question.
If
I
might
matter
mayor
you
in
your
closing
remarks,
you
reference
a
transition
plan,
do
you
have
an
example
of
what
you
would
consider
to
be
an
adequate
transition
plan.
J
I
You
all
I
I,
don't
short
answer
long
answer:
there
was
no
transition
plan
proposed
or
no
transition
plan
discussed
transition
plan
I
think
would
would
include
things
such
as
identifying
places
for
these
folks
to
go
and
and
finding
there's
the
comment
in
that
there's
an
abundance
of
these
types
of
places
and
our
our
Marx
experience
and
my
experiences
is
different.
I
I'll
represent
to
you
that
I
do
I,
do
Estate,
Planning
and
I
represent
elderly
folks
in
this
community
and
their
families
and
a
lot
of
times
housing
comes
up
and
housing
is
an
issue,
and
in
a
situation
like
this,
where
you
have
a
resident
or
a
client
with
dementia,
it's
not
always
easy
to
find
placement,
that's
the
type
of
things
that
would
have
to
go
into
a
transition
plan
from
my
perspective,
for
it
to
be
viable.
I
I
That's
one
thing:
I
think
it's
important
that
we
separate
that
from
these
individual
residents,
who
Mark
says
have
individual
mailing
addresses,
I,
think
the
onus
and
the
burden
here
has
to
lie
with
the
applicant
to
ensure
that
they're
in
compliance
with
the
language
of
the
ordinance
that
requires
these
residents
get
notice.
So
if
it
means
they
have
to
go
to
the
assisted
living
facility
and
ask
how
many
residents
do
you
have
here's
115
mailers,
please
put
one
in
everybody's
box:
I!
Think
that's
where
the
onus
lies.
I,
don't
think
it's.
L
Madam
mayor
council
members,
Amanda
shouse
elimin
Burke
251
East,
Front,
Street,
Suite,
1,
300,
Boise,
Idaho
83702,
representing
the
applicant
in
place
of
Daphne
Romani.
L
The
applicant
agrees
with
commission's
approval
of
a
cup
for
an
apartment
community
for
this
site.
The
decision
is
supported
by
substantial
evidence
in
the
record
and
was
not
an
error.
We
feel
the
staff
report
was
an
excellent
summary
and
we
will
highlight
just
a
few
a
few
points
in
our
presentation.
L
As
you
know,
the
criteria
for
the
approval
of
a
beauty
is
focused
on
whether
the
land
use
and
physical
development
is
compatible
with
the
neighborhood.
It
is
code
criteria
reviewing
a
decision
on
appeal.
An
arbitrary
and
capricious
decision
is
one
made
without
a
rational
basis
or
disregard
of
the
facts.
Also,
as
stated
in
the
code
where
there's
room
for
two
opinions,
action
is
not
arbitrary
and
capricious
when
exercised
honestly
and
upon
due
consideration.
L
In
this
case,
the
record
supports
the
commission's
decision
approving
a
multi-family
use
for
the
site.
There
are
many
goals
as
outlining
the
staff
report
and
the
comprehensive
plan
that
are
met
with
this
project.
In
fact,
this
property
has
actually
been
approved
for
apartments
through
cups.
Three
times
previously,
there
are
multi-family
projects
already
located
in
the
vicinity.
This
use
provides
a
compact
mix
of
housing
types
for
families
and
singles
residents
will
be
near
a
community
Activity
Center,
where
they
can
use
public
transportation
and
amenities,
such
as
a
branch,
library,
grocery
store
and
restaurants.
L
The
design
promotes
reuse
of
an
existing
building
with
no
proposed
exterior
building
changes.
The
design
promotes
infill
through
the
use
of
existing
infrastructure
and
minimal
site
changes.
Parking
is
sufficient
for
the
use
and
will
be
improved
to
code,
including
better
access
for
service
vehicles
and
adding
connectivity
for
pedestrians.
L
A
key
component
of
a
phone's
argument
is
that
this
project
is
harmful
and
contrary
to
the
comp
plan,
because
it
has
less
units
and
its
existing
use,
it
was
reduced
from
115
units
to
77
units.
First
of
all,
we
note
the
77
units
is
a
maximum
number
promoted
by
the
code.
Importantly,
although
the
number
of
units
is
reduced,
this
does
not
mean
there
will
be
less
occupancy
in
the
project
if
the
unit
mix
is
taken
into
account,
if
you
assume
one
person
per
studio
apartment
and
one.
L
L
Appellant
also
argues.
This
is
not
an
infill
development.
Infill
developments
in
both
the
code
and
the
comp
plan
focus
on
whether
the
property
has
existing
infrastructure,
not
a
specific
density,
although
a
higher
density
may
be
allowed.
In
this
case,
the
applicant
will
utilize
the
existing
building
and
infrastructure
with
minimal
change
and
is
infill
is
contemplated
in
the
code
in
the
comp
plan.
Appellate
also
makes
the
argument
that
approving
an
apartment
use
here
makes
a
neighborhood
more
homogeneous
because
there
are
already
apartments
in
the
neighborhood.
This
is
contrary
to
the
Pud
criteria,
which
looks
for
compatibility.
A
L
There's
no
evidence
in
the
record
that
providing
apartments
in
this
case
makes
the
housing
crisis
worse
as
a
the
appellant
provides
no
evidence,
except
for
his
own
personal
testimony
tonight,
that
there
is
a
lack
of
house,
a
lack
of
facilities
for
the
for
the
residents
to
go
to
that
is
really
not
established
in
the
record
one
way
or
the
other.
L
L
L
We
agree
with
this
decision
that
all
the
criteria
have
been
met,
and
that
is
you
that
a
PUD
is
appropriate
for
this
use
in
this
property.
That
being
said,
the
applicant
recognizes
and
hears
the
concerns
from
the
residents
about
the
transition.
At
this
time,
applicant
has
not
decided
if
it
will
move
forward
with
this
transition.
This
is
why
there's
no
detailed
transition
plan
and
it's
not
been
a
criteria
of
determining
at
least
prior
in
determining
puds
and
cups,
that
a
transition
plan
be
provided.
L
If
the
applicant
decides
to
move
forward
with
this,
they
will
certainly
provide
a
transition
plan
and
provide
details
and
communication
to
all
of
the
residents
about
the
changes
that
may
be
coming
as
far
as
procedurally
I
do
want
to
correct
the
record.
The
applicant,
the
record,
does
show
that
the
applicant
has
had
three
letters
sent
to
the
residents.
The
applicant
has
also
had
meetings
with
the
residents
about
this
potential
transition.
L
As
staff
has
pointed
out,
we
have
met
every
requirement
that
has
been
established
by
the
city
in
May
in
providing
notice
for
the
neighborhood
meeting
applicant
has
or
the
Appellate
has
not
produced.
There
has
not
provided
any
evidence
that
any
person
did
not
receive
notice
of
what
was
happening
during
the
commission
hearing
or
that
anybody
was
harmed
by
that
failure.
There
were
postings
at
the
site.
There
were
letters
in
the
mailboxes
we
paid
for
the
mailing
address
that
the
city
provides
to
provide
notice
and
we
sent
notices
to
where
it
was
required.
L
This
was
not
done
in
a
vacuum.
The
staff
communicated
with
the
residents
about
what
would
be
happening
and
what
the
what
the
commission
meeting
was
about.
Relatives
are
not
required
to
be
notified.
So
no,
no,
unless
you're
in
the
500,
Zone
500
square
or
Circle
Zone,
you
aren't
required
to
get
a
notice.
L
As
discussed,
this
is
based
on
the
cup
Bud
criteria.
This
is
a
land
use
decision.
The
purpose
of
this
is
to
decide
whether
or
not
this
use
is
compatible
within
this
neighborhood
and
it
meets
all
the
qualifications
to
be
an
appropriate
use.
It's
been
approved
three
times
before,
as
apartment
use
and
everybody
who's
required
to
be
notified
was
notified
or
notified,
and
the
residents
were
communicated
with.
We
do
understand
this
is
sensitive,
and
we
do
understand
that
if
we
decide
to
move
forward
that
a
transition
plan
would
be
appropriate.
L
Accordingly,
the
decision
was
supported
by
substantial
evidence,
and
we
hope
that
you
we
request
that
you
deny
the
appeal
and
that
you
approve
the
cup
as
approved
by
the
Planning
and
Zoning
Commission.
D
A
D
Have
a
couple
of
questions
for
you
about
the
notice
help
me
out
here.
Their
point
is
115
people
live
in
the
building
that
you're
proposing
a
conditional
use
permit
to
change.
You
know
they're
there
because
they're,
your
tenants,
you
sent
one
letter
and
then
you
sent
three
additional
letters
to
each
resident
I'm.
Looking
at
the
letters
each
one
of
which
downplays
the
hearing
says,
this
will
be
over
at
the
hearing.
There's
nothing
here,
we're
not
going
forward
with
these
plans.
Don't
worry
about
the
hearing
and
so
their.
G
D
I,
think
is
you
knew
there
were
115
people
there,
you
didn't
tell
them
about
it
individually
and
instead
what
you
did
tell
them
was:
don't
worry
about
this
process.
It's
a
nothing
Burger,
we're,
probably
not
even
going
forward
with
it
when
I
look
at
the
code
that
says,
You
must
notify
property
owners
and
residents.
L
Madam
mayor
council
member,
thank
you
for
the
question.
I
can
appreciate
the
struggle
as
far
as
the
mailing
of
the
notice.
Frankly,
we
have
we've
followed
the
processes
that
the
city
required.
They
said
you
needed
to
provide
a
notice
by
mail
and
here's
the
here's
a
mailing
address,
so
we
did
that
so
that
that
requirement
has
been
met.
L
As
far
as
this,
what
the
city's
established
processes
have
been
as
far
as
additional
to
that
there's
a
large
sign,
two
large
signs
at
the
site
posting
saying
this
meeting
is
happening,
so
anybody
visiting
the
site,
the
residents
can
see
the
signs.
Additionally,
the
applicant
did
meet
with
the
residents
and
did
provide
letters
of
communication.
L
As
you
pointed,
as
you
pointed
out
there,
there
were
some
portions
of
those
letters
read
into
the
transcript
that
were
not
submitted
as
part
of
the
record
I.
D
L
Madam
mayor
council,
member
I,
I
didn't
realize
the
whole
letter
was
in
the
record.
I
only
read
the
transcript
where
they
read
the
letters
out.
I,
don't
know
I,
guess
it's
based
on
a
screenshot,
yes,
okay,
I
didn't
see
the
screenshot.
L
In
this
case,
all
I
can
say
is
the
you
know
the
management
company
communicated
how
they
felt
they
needed
to
about
the
about
the
notices.
Then
I
really
have
nothing
else.
To
say
about
that,
except
that
everybody
was
aware.
Residents
were
aware
clearly
that
there
was
a
meeting
and
they
were
mailed
proper
notice,
as
required
by
the
code
and
as
recommended
by
staff,
fair.
D
Enough
and
then
I
have
one
other
follow-up
question,
not
on
the
notice
if
I
may
I'm
just
confused
and
it's
like
it's
not
as
confrontational
as
what
just
happened.
I
promise,
there's
DiNapoli
Capital
Partners,
there's
Arbor
Village,
there's
an
individual
like
what
is
the
relation
like
when
I
get
a
when
I
look
at
a
letter
from
Arbor
Village
is
that
from
the
applicant
when
I
get
a
or
look
at
a
letter
from
DiNapoli
Capital
Partners?
Is
that
the
app
like?
How
does
this
all
fit
together?.
L
Madam
mayor
council,
member
Napoli
Partners
is
the
owner
of
the
property.
The
Arbor
Village
I
believe
is
the
management
the
when
a
letter
comes
from
Arbor
Village,
it's
from
the
local
on-site
management
team,
okay,.
E
So
you
say
that
you
met
the
code
because
a
letter
was
mailed
to
the
1019
Hilton
address.
The
code
says
that
you
will
provide
notice
to
Residents
within
the
development.
How
does
mailing
something
to
the
management
address?
Notify
residents
within
the
development.
L
And
mayor
council
member,
thank
you
thank
you
for
the
question
the
again,
as
we
usually
do,
we
relied
on
paying
for
the
mailing
list
and
we
set
the
mailing
list
out.
We
felt
that
the
applicant
felt
that
it
communicated
with
the
residents
about
the
meeting
and
that
is
sufficient
to
meet
the
requirements
that
the
all
the
residents
knew
that
this
meeting
was
happening.
There
were
large
signs
posted
at
the
site.
There
was
not
an
intent
to
trick
anyone
about
the
fact
that
the
meeting
was
happening
so.
L
E
If
I
have
one
other,
if
there's
not
other
questions,
you
noted
that
if,
in
fact,
the
applicant
decides
to
go
forward
with
this,
of
course,
there
will
be
a
transition
plan.
I.
Take
that
to
mean
that
you
will
not
object
to
a
condition
requiring
a
transition
plan.
L
Because
we,
a
transition
plan
has
not
been
prepared
because
we
don't
know
if
we're
going
forward
with
it,
and
so
that
just
the
level
of
detail
at
the
that
and
the
questions
that
came
up
of
the
hearing,
we
simply
hadn't
hadn't
prepared
a
specific
transition
plan.
At
that
time.
L
Properly
worded,
a
transition
plan
condition
would
be
acceptable,
but
I'm.
What
we
were
concerned
about
is
the
fact
that
there's
really
not
any
precedent
for
that.
It's
not
clear
what
that
would
contain.
It's
not
clear
whether
we're
required
to
find
spots
for
everybody
or,
if
we're
just
required
to
provide
resources.
I,
don't
it's
like
the
what's
the
who's
going
to
determine
what's
adequate.
So
at
this
point
it
seems
premature
to
have
a
specific
transition
plan,
but
the
residents,
my
understanding
is
the
residents
want
they
like
the
facility.
L
They
want
to
stay
there,
and,
despite
some
of
this
testimony
about
you,
know
the
communications
from
the
company
from
management
company
or
the
owner.
If
you
want
to
hold
them
together,
they
this
or
the
applicant,
cares
about
the
residents.
L
They
want
to
do
a
good
job,
they're
more
than
happy
to
provide
their
services
and
their
connections
and
the
time
to
make
sure
if
they
decide
to
do
this,
that
their
residents
are
taken
care
of
they're
not
going
to
put
residents
out
on
the
street
and
just
say
you
know:
here's
your
30-day
notice,
that's
just
not
the
way
they
operate
and
they're.
They
won't
do
that.
L
E
A
A
B
A
Right
if
the
individual
online
would
let
us
know
if
you're
here
for
the
neighborhood
association,
I'd
appreciate
it
foreign
okay
and
with
that
I'm,
going
to
go
ahead
and
open
this
up
to
parties
of
record
Mark
you've
already
testified.
Is
anybody
else
here
to
testify.
E
No
all
right,
Vladimir
could
I
ask
a
question
of
Staff.
Of
course,
when
we
approved
the
apartments
at
the
corner
of
protest
and
Boise
Avenue,
we
required
a
transition
plan.
If
I'm
not
mistaken,
you
too
may
not
know
about
it.
I
don't
know
if
you
were
involved,
but
I
believe
the
city
has
experience
with
understanding
how
to
write
a
condition
and
develop
a
transition
plan.
H
Madame
mayor
members
of
the
council
I
believe
that
the
project
you
are
speaking
of
had
a
rezone
attached
to
it,
which
has
different
criteria.
I
do
believe
that
there
has
been
some
transition
plans
written
when
approved
by
staff
in
the
past.
However,.
C
A
I'd
just
say
that
that
was
I
can't
remember
so
I
was
sitting
in
the
seat
or
as
a
member
of
the
city
council,
but
I.
That
was
my
memory.
It
sounds
like
it
was
a
different
type
of
application,
but
there
was
some
sort
of
plan
and
then
a
runway
for
residents
that
was
agreed
to
by
the
applicant
in
that
process.
G
G
Once
in
a
while
that
mayor,
I
do
have
a
question
to
follow
up
for
staff,
because
I
feel
like
I
just
need
to
get
some
clarity,
so
I
feel
like
there's
two
different
things.
There's
the
way
that
I
think
that
it
should
be,
which
is
I,
think
that
every
single
resident
should
get
a
piece
of
mail
in
their
mailbox
and
then
there's
also.
G
H
Council
members
and.
H
Currently,
code
requires
that
we
essentially
inform
all
owners
and
tenants
or
residents.
However,
the
way
that
the
addressing
works
is
that
we
get
it
from
the
federal
Mail
system
and
that
Mail
system
does
not
have
room
addresses
listed
if
it's
a
dorm
or
if
it's
a
situation
like
this
or
else
we
would
have
access
to
those.
However,
the
noticing
was
sent
to
the
owner
DiNapoli
and
then
also
to
the
tenant,
which
is
the
management
company
of
Arbor
Village,
and
that
is
what
our
code
requires
at
this
point
in
time
and.
G
So
if,
if
I
didn't
know
who
lived
in
a
certain
area,
my
process
would
be
I
would
come
to
the
city,
and
the
city
would
tell
me,
and
they
would
give
me
the
list
of
names
and
I
would
mail
those
list
of
names,
because
the
city
would
have
those
listed
in
the
federal,
recognized
addresses
and
I
may
not
have
any
idea
of
who
those
neighbors
are
if
I
didn't
actually
own
the
building
and
so
I'm
just
going
to
assume
that
the
city
is
correct
and
the
addresses
they
have
are
the
ones
that
I
should
send
it
to,
because
it's
listed
federally
or
federally
recognized,
addresses
and
that's
kind
of
the
process
that
we
have
for
any
type
of
development.
K
Madam
mayor,
thank
you,
madam
mayor.
So
when
we
sent
notice
to
the
property,
was
it
to
a
person?
Was
it
to
an
individual
or
just
the
address.
H
Madame
mayor
council
members
at
this
well,
the
tenant
would
be
who
received
this
would
be
the
management
company
of
Arbor
Village
because
they
are
the
ones
that
are
on
that
lease.
Thank
you.
A
I
have
a
just
follow-up
question
about
that.
This
I
don't
expect
to
be
voting,
but
this
is
curious
to
me
as
a
process
and
as
we
think
about,
if
they're
clean
up
things
after
this,
if
I
were
a
student
at
the
dorm,
who
would
so
it
would
go
to
the
owner,
which
would
be
is
that
Boise
State
and
then
who
would
be
the
management
company
or
the
one,
the
one
person
that
would
get
the
notice
then
at
the
site.
H
Council
members
I
believe
that
would
just
be
Boise
State
as
the
owner
that's
correct,
and
then
whoever
receives
the
mail
for
the
building
as
the
tenant
I
know
that
there
are.
You
know
if
you
get
like
a
a
mailing
for
coupon
ads,
it
would
just
go
to
the
tenant
of
the
building.
Okay,.
A
I'd
be
curious
after
this
to
to
know,
if
there's
a
way
that
we
can
know
how,
how
often
this
is
occurring
in
the
city
not.
K
Get
it
yeah
yeah,
so
they
have
resident
advisors
who
staff
a
desk
and
the
the
mail
carrier
will
come
in
with
a
bundle
or
a
box
of
mail.
And
then
the
resident
advisor
throws
the
mail.
A
In
okay,
great
yeah
I,
just
for
some
follow-up
after
I,
don't
want
you
to
feel
like
it
has
to
be
like
a
rush
drop
everything
else,
but
I
think
it's
something
we
we
should
understand
how
pervasive
this
issue
is
through
the
city
now.
G
Madam,
mayor
I've
got
one
more
question
and
it's
the
same
question
worded
slightly
differently,
so
our
code
tells
us
that
all
residence
owners
tenants
require
notification.
That's
what's
written
in
city
code,
I
think
it
was
up
there
earlier.
The
poem.
A
G
H
Madam
mayor
council
members,
that
is
all
we
have
access
to,
is
the
federal
mailing,
so
we
can't
know
exactly
who
occupies
each
room
how
many
rooms
there
are.
That's
not
part
of
the
federally
available
record
at
this
point,
so
that
was
why
it
would
just
go
to
the
tenant
of
the
building,
which
would
be
the
management
company
in
this
case,
and
then
at
that
point,
it'd
be
up
to
them
to
distribute
that
information
to
their
clients
essentially,
but.
G
H
M
H
E
Mayor
one
one
last
question
asked
the
question:
in
the
beginning
whether
or
not
the
Planning
and
Zoning
commission
specifically
talked
about
the
comprehensive
plan.
I
asked
that
question
because,
as
a
conditional
use
permit,
you
are
allowed
to
condition
the
application
to
meet
not
just
the
ordinance
but
also
the
comprehensive
plan
and
as
I
read
the
comp
plan.
There's
a
couple
of
sections,
but
specifically
SC
shcc
14-1,
coordinating
resources
that
would
allow
us
to
require
a
transition
plan.
E
Just
wondered
if-
and
maybe
our
legal
counsel
will
need
to
weigh
in
on
this.
If,
if
I'm
correct,
that,
that
would
support
such
a
requirement.
H
M
Council
members
I
find
myself
without
a
mic
at
an
inopportune
moment
for
the
record
James
Smith
Deputy
City
attorney
as
I
understand
the
question.
It
is
whether
the
city
can
rely
on
the
comprehensive
plan
rather
than
the
cup
criteria,
in
imposing
a
condition
to
mitigate
impacts
of
a
development
I'm,
seeing
a
nod
so
that
it's
It's
tricky
in
terms
of
to
know
what
exactly
the
condition
is.
I
think,
as
the
applicant
indicated,
the
the
boundaries
of
it
are
undefined,
but
I
think
as
a
general
way
of
looking
at
it.
M
That
might
be
helpful
is
to
ask
whether
the
impact
being
mitigated
results
from
the
proposed
new
use.
That
requires
a
PUD
permit
or
results
from
ceasing
an
existing
use
or,
in
other
words,
results
from
from
not
renewing
existing
tenant,
landlord
relationships
or
customer
relationships
that
that
do
not
require
City
approval,
much
less
of
public
Hearing.
J
I
J
I
Thank
you.
One
thing,
I'd
start
by
pointing
out
to
the
language
back
to
the
language
of
the
notice
requirement.
The
way
it
reads
with
regard
to
the
public
hearing,
it
states
notice
shall
be
mailed
to
the
applicant
and
to
the
property
owners
purchases,
a
record
residents
and
registered
neighborhood
associations
when
I
parse
through
that
I
start
with
the
word
shall
what
it
means
to
me
as
a
lawyer
who
deals
with
contracts.
All
the
time
is
I
interpret
shout
to
mean.
I
Has
a
duty
to
okay
has
a
duty
to
do
what
it
requires
here
again,
it's
mailing
I
think
the
rub
is
this:
what
I
hear
from
staff
is
that
they
provided
the
applicant
with
whatever
they
could
get
through
the
federal
mailing
system,
so
they
provided
the
address
to
the
property,
not
knowing
that
there
are
residents
inside
the
property.
That's
I
think
the
rub
for
everyone.
The
rub
that
I
have
here
is
to
be
able
to
try
and
comply
with
this
language
and
the
duty
to
provide
these
residents
with
notice.
I
I
To
me
this
is
a
false
start.
My
suggestion
in
terms
of
the
remedy
was
either
deny
it
or
in
the
alternative
remanded
re-notice.
Let
the
people
make
sure
they
get
notice.
Let
them
have
the
opportunity
to
be
heard,
they're
the
ones
who
are
going
to
be
impacted
and
let
them
testify
before
the
commission.
So
the
commission
can
hear
the
whole
story
with
that.
Unless
there's
questions
I'll
rest.
D
I
had
a
mayor,
I
I
have
a
question
and
it's
it's
really
a
constructive
one
and
I'd.
Like
your
help,
the
code
says
notice
shall
be
provided
to
Residents
Property,
Owners
Etc,
but
I
think
we
all
kind
of
know,
that's
not
quite
what
it
means.
For
example,
if
a
gentleman
is
living
on
the
street
in
front
of
the
property
has
no
mailing
address,
he's,
certainly
a
resident
within
500
feet,
but
my
sense
is
failure
to
provide
him
with
notice
wouldn't
violate
to
Due
Process
rules
or
the
policy
or
the
procedure.
G
D
G
D
I
The
way
I
would
respond
to
that
is
this.
It
says,
shall
be
mailed.
Okay
to
the
residents.
There
was
one
mailing
there
wasn't
115
or
116
mailings.
There
was
one
I
think
the
simple
solution
for
them
would
have
been
since
they
know
what
the
nature
of
the
biz
of
the
building
is,
and
they
know
that
these
residents-
hopefully
they
understand-
you-
know
that
they
each
individually
as
Mark
has
said,
have
a
mailbox.
I
To
your
point
of
if
someone
is
living
on
the
street.
Next,
to
this
thing,
I
guess
I'd
say:
hey,
they
probably
don't
have
a
mailing
address.
These
people
have
mailing
addresses,
and
so
there's
a
means
to
get
this
mail
to
them
and
in
Mark's
case
Mark's
brother's
case
there's
a
responsible
adult
who's
checking
his
mail
regularly.
I
Who
is
reading
it
and
finding
out
and
he
didn't
get
it
he's
testified
he
didn't
get
it
so
I
have
to
believe
that
if
I
go
and
find
the
rest
of
these
residents
and
I
quiz
them
and
I
find
their
families
I'm
going
to
get
similar
answers.
That's
why
I
come
back
full
circle
to
the
fact
that
there
were
there
was
one
written
comment
and
there
were
four
people
who
testified
at
it.
I
just
don't
think
out
of
the
115
people
that
were
impacted.
D
An
American
asked
one
follow-up:
what
about
the
signs
so
noticed
you
know,
shall
be
mailed
there's
an
issue
with
the
address
list
in
the
federal
database.
It
wasn't
mailed
individually
to
each
person,
you
know
whatever,
but
then
there
were
also
signs
posted,
so
yeah
practically
speaking
like.
Why
isn't
that
a
reasonable
enough
effort
to
provide
notice.
G
And
Mary
I
had
a
great
uncle
that
stayed
in
an
assisted
living
facility
for
a
long
time,
but
I
was
young,
so
I
don't
know
quite
how
they
worked.
So
when
you
move
in,
do
you
sign
a
lease?
This
is
a
month
a
month.
Is
it
you
do
like
a
year
or
six
months
like
how
is
it
how's
the
agreement
when
you're
moving
into
a
space
and
becoming
a
tenant.
K
Thank
you,
sir,
since
you've
already
shared
that
you
have
legal
authority
to
help
your
brother
is
that
contract
entered
in
by
your
brother
or
by
you.
A
All
right,
thank
you,
and
now
we'll
have
the
applicant
up
and
I
switched
the
order.
So
after
the
applicant
provides
rebuttal.
If
you
have
rebuttal
I'm
gonna
check
in
with
the
appellant
to
see,
if
there's
anything
more
you'd
like
to
add.
L
Madamerica,
council
members,
just
thank
you
for
the
discussion.
It's
very
well
reasoned
and
I
appreciate
all
of
your
thoughtful
questions
about
about
this
process.
Foreign.
L
The
only
thing
that
I'd
like
to
point
out
at
this
point
is
the
record
does
show-
and
this
is
in
the
record
the
size
of
the
public
signs
that
are
out
front
because
councilmember
Beijing
asked
about
it.
So
that
is
definitely
those
were
both.
Both
signs
were
put
up
and
they're,
both
quite
quite
large
but
other
than
that.
I'll
stand
for
any
more
questions.
E
It
does
allow
for
Alternative
forms
of
notice,
but
it
does
not
allow
signs
in
lieu
of
mailed
notices,
so
I
I
appreciate
that
the
signs
were
there.
Our
ordinance
requires
a
number
of
different
ways
of
notice,
including
signs
including
newspaper,
including
mailed
notices
to
Residents
within
the
development
specifically
within
the
development.
So
I
guess
I
I
wonder
how
having
signs
would
meet
that
requirement.
L
Madam
mayor
council
member,
that's
a
very
good
point.
I
think
the
my
understanding
is
the
point
of
all
those
forms
of
notice
is
that
they
will
reach
the
people
intended
in
this
case
the
the
mailing
it's
to
an
address,
and
maybe
you
don't
know
how
many
residents
are
at
an
address.
That's
a
requirement.
The
poet
signposting
is
another
requirement,
so
people
who
maybe
didn't
get
caught
or
weren't
didn't
get
the
mail
notice
might
see
if
they're
visiting
the
site
to
visit
a
relative
or
anything
like
that.
L
So
I
do
think
there
I
agree
with
you.
There
are
a
number
of
forms
of
notice.
I
also
believe
that
the
residents
were
very
aware
of
this
commission
meeting
and
the
applicant
did
meet
with
them
in
addition
to
the
mailed
notice
that
was
required
and
and
did
do,
communication
and
did-
and
there
was
never
an
intent
to
hide
the
the
intent
or
the
purpose
of
the
meeting.
E
And
mayor
just
one
follow-up:
if
I
could
the
your
client
did
mail
something
to
the
residents?
When
did
that
mailing
happen?.
L
Council,
member
and
sorry,
madam
mayor
council,
member,
the
testimony
just
to
be
clarify
the
letters
that
I'm
referring
to
that
were
in
the
testimony,
were
placed
in
their
mailboxes.
They
were
not
mailed
as
my
understanding,
okay,
and
that
is
based
on
I'd,
have
to.
A
L
Three
letters
in
their
mailboxes,
good
and
I
could
look
in
the.
If
you
give
me
one
moment,
I
can
find
it.
Okay,
Madame.
D
A
It
all
right,
thank
you.
Is
there
anything
new
that
the
applicant
or
the
appellant
excuse
me
would
like
to
add
foreign
I'm,
giving
you
one
more
chance,
but
I
know
that
you
both
disagree
about
the
content.
Timing,
Etc
of
letters
I'm,
just
wondering
if
there's
anything
the
bad
exchange
brought
up,
that
you
did
not
address
Madame.
I
Mayor
council
members,
the
only
thing
I
would
add,
is
I
would
implore
you
to
keep
in
mind
that
the
residents
hear
some
of
the
residents.
I
won't
say
all
of
the
residents,
but
some
of
the
residents,
including
Mark's
brother,
my
client's
brother,
are
in
it.
These
folks
are
he's,
got
dementia
for
him
to
read
a
sign
one
day
may
not
mean
anything
the
next
day,
I'm,
not
trying
to
ask
for
sympathy.
I
I
It
goes
back
to
the
importance,
and
this
applies
really
to
all
administrative
law.
The
whole
point
here
is
and
notice
an
opportunity
to
be
heard
about
things
like
this.
That's
part
of
the
importance
here
and
that's
one
of
the
main
issues
why
I
think
it
at
a
minimum.
This
needs
to
be
remanded
to
give
these
people
the
opportunity
to
get
notice
and
be
heard.
E
E
About
a
mirror,
as
I
read
our
ordinance
I,
don't
believe
that
the
ordinance
was
met
in
this
case.
It's
very
clear
that
a
mailed
notice
should
be
mailed
to
the
property
owners,
purchasers
residents
and
registered
neighborhood
associations
within
the
subject
property.
E
E
What
it
requires
is
there's
going
to
be
a
hearing
that
does
this
on
this
property
and
it's
going
to
be
on
this
date
and
you
are
able
to
come
and
testify
if
you'd,
like
that's
what
a
notice
says:
I'm,
not
sure
I,
I'm
I
am
sure
that
the
residents
didn't
receive
that,
and
so
in
my
mind,
despite
everything
else
and
I
will
say,
this
I
think
the
record
supports
this
use
at
this
site.
I
think
the
record,
although
I,
would
disagree
with
some
of
the
comp
plan.
E
Clauses
that
were
used
in
support
of
it.
I
think
in
general
are
comprehensive
plan
supports
this,
but
if
the
people
directly
impacted
didn't
have
a
an
ability
to
comment,
then
we
haven't
met
our
requirements.
K
Madam
mayor,
thank
you,
I
seconded
the
motion,
because
I
think
it's
important
that
we
have
folks
like
this
kind
gentleman
to
bring
forward
examples
of
why
we
have
the
policies
in
place
that
we
do.
K
You
know
not.
Everybody
in
our
community
is
able
to
advocate
for
themselves,
and
this
gentleman's
brother
is
fortunate
to
have
him.
Not
everybody
has
somebody
who
is
in
a
position
to
advocate
for
them,
and
it
is
for
those
people
that
we
need
to
err
on
the
side
of
overly
notifying
folks
and
so
I
appreciate
the
gentleman
bringing
this
forward.
G
G
I,
don't
think
I
can
vote
in
favor
of
it
and
the
reason
why
you
know
we
have
one
of
our.
You
know
one
of
our
policies.
When
there's
two
opinions,
you
know
one,
we
can't
overturn
it
because
one
opinion
might
be
different
than
than
the
two
different
opinions
here,
and
here
we
have
a
developer
who
again
I
believe
should
have
notified
each
of
those
residents.
G
They
could
have
no
notified
each
of
those
residents,
but
they
came
to
our
city
staff
and
our
city
staff
gave
them
here's
the
requirements,
here's
a
list
of
the
people
that
you
have
to
notify,
and
so
they
followed
those
rules
to
do
it.
If
you
look
at
our
city
code,
that's
up
there.
It
would
tell
you
that
all
the
residents
should
be
notified
and
then
I
started
asking
myself
well,
if
they're
month
to
month,
you
know
if
it's
somebody
who's
staying
here
for
an
extended
period
of
time
in
their
traveling
nurse.
G
G
It
certainly
seemed
like
a
resident
in
that
sort
of
circumstance,
but
I
just
don't
know
that
our
code
and
the
way
that
our
city
operates
and
the
way
that
we
give
a
developer
and
instruction
would
inform
that
developer
to
follow
those
things
so
again,
I
appreciate
this
is
something
that
I
would
really
love
to
be
able
to
support.
But
when
I
look
at
the
way
that
our
code's
written
and
what
instructions
our
staff
gave
to
the
developer
I,
don't
think
that
I
can
vote
Yes.
D
Madam
mayor
I'm,
going
to
take
a
run
at
changing
council
member
halliburton's.
Mind
first
reasonable
Minds
disagree
is
the
test
for
arbitrary
and
capricious
whether
something
was
done
on
a
lawful
procedure.
We
review
it
straight
up,
was
it
done
lawfully
or
not?
So
we
don't
need
to
defer
to
the
Planning
and
Zoning
commissions
evaluation
of
whether
this
was
procedurally
correct.
So
you
have
a
free
conscience
to
look
at
that
issue
on
the
face
and
make
your
own
call.
Second,.
D
G
D
The
purpose
of
the
notice
requirement
is
at
least
twofold:
first,
it's
to
give
people
in
the
vicinity
an
opportunity
to
come
and
provide
information
to
us
that
will
help
us
make
our
decision,
but
second,
it's
to
give
them
notice.
Advanced
knowledge
that
there
is
going
to
be
a
change
of
circumstances
in
your
vicinity,
and
that
here
is
a
really
really
powerful
issue,
because
these
people
are
vulnerable.
There's
not
a
lot
of
places
for
them
to
go,
and
the
change
in
circumstances.
D
For
me
at
39
years
old
as
a
tenant
would
be
I
need
to
go,
find
another
place
to
rent,
but
in
advanced
years
with
deteriorating
mental
status.
Health
needs
Financial
constraints
that
advance
notice
of
the
potential
change
in
your
circumstances
is
very
material
to
you.
It's
a
really
big
deal
and
so
I'll
be
utterly
candid.
I,
don't
see
a
problem
on
the
conditional
use,
permit
side
and
I.
Think
I
predict
that
when
this
is
remanded,
notice
will
take
place
and
it
will
be
approved.
D
But
the
point
of
the
notice
is
to
give
these
people
every
opportunity
to
take
care
of
their
own
future,
and
so
here
I,
look
at
the
code
and
I
don't
agree
that
residents
were
notified
and
what
they
were
not
notified
of
is
like
the
most
material
thing
to
their
well-being.
So
that's
why
I'll
be
supporting
motion.
C
I
had
a
very
similar
reaction
to
the
resident
requirement,
as
many
of
my
fellow
council
members
I
think
that
there's
minimal
compliance
with
what
is
stated
in
ordinance
and
then
I
think
there's
good
faith
as
well.
I
think
it
would
have
been
really
easy
to
take
this
the
next
step
and
notify
all
the
residents.
C
Even
if
those
residents
don't
have
Post
Office
boxes
that
are
federally
federally
recognized
I
think
it
would
have
been
very
easy
to
include
notice
with
the
letters
that
they
were
provided
because
it's
required
by
the
city
to
informal
residents
so
I'm
going
to
support
the
motion.
Do
I
think
it'll
change
the
outcome.
C
No,
but
I
think
it
could
also
give
a
really
great
opportunity
to
the
applicant
to
provide
a
transition
plan
in
the
interim
voluntarily
so
that
that
gives
the
existing
residents
some
comfort
that
they'll
be
relocated,
should
should
this
development
come
to
come
to
bear
and
should
I'm
sorry
I
just
got
back
into
town
and
I'm
very
jet-lagged
I'm
really
having
a
hard
time
here,
but
before
any
construction
documents
are
pulled,
I
think
that
that
would
that
would
be
beneficial
to
all
involved.
So,
thank
you.
N
And
a
mayor
I
think
you
can
tell
that
we've
really
struggled
with
this
on
a
number
of
different
fronts:
I'm
going
to
support
the
motion
and
there's
a
couple
of
different
reasons.
Why
tremended
back
to
PNC
because
oftentimes
we
don't
get
the
opportunity
to
do
things
to
improve
the
process
and
I.
Think
in
this
case
we
need
to
improve
the
process
so
you've
helped
us
see
some
things
that
we
need
to
clarify
and
I
think
that's
really
important.
N
You
know
I
I've,
you've
perhaps
heard
this
phrase:
the
spirit
of
the
law
versus
the
letter
of
the
law.
The
letter
of
the
law
says
notice
at
I.
Think
you
could
read
this
that
there
was
some
notice
given
I.
Don't
think
it
met
the
spirit
of
Law
and
I,
don't
think
it
gave
people
an
adequate
opportunity
to
have
their
voice
be
heard,
and
there
is
not
a
rush
on
this.
In
fact,
we've
said
that
there
this
may
or
may
not
go
forward.
G
Memory
I'm
not
going
to
be
up
here
in
debate,
however,
we've
got
staff
that
is
telling
developers
that
we
have
a
certain
way
of
doing
things
and
establishing
what's
a
residence
and
what's
not
a
resident.
So
if
we're
talking
about
our
homeless
shelters
the
notification
process-
somebody's-
maybe
been
there
for
a
couple
of
years,
which
we
know
actually
exists,
they
might
even
have
a
room
number.
G
G
It
means
that
we
would
have
to
take
a
look
at
our
policy
in
the
way
that
we
recognize
and
reach
out
to
and
advise
developers
who
they
have
to
reach
out
to,
because
if
we
give
them
a
list
of
one
address
and
then
they
come
here
and
we
say
hey
actually,
we
wish
that
you
would
have
notified
everybody,
but
that
wasn't
the
instructions
that
we
gave
them.
Then
I,
don't
think
that
that's
a
good
piece
of
the
process
either
and
so
I
guess
again.
G
I
can
be
in
favor
of
the
motion
if
we
have
instructions
that
this
is
a
type
of
policy
change,
that
we
need
to
be
able
to
direct
so
that
in
the
future,
if
it's
a
assisted
living
facility,
maybe
that's
the
one
that's
explicitly
listed
and
we
don't
list
the
other
ones
at
this
point,
but
I
think
some
sort
of
Direction
has
to
be
given
to
staff
and
to
developers
so
that
they
can
do
this
in
the
correct
way.
D
Isn't
the
full
story
right
if
you
reside
somewhere
and
don't
have
an
address,
that
sentence
becomes
incomprehensible,
so
there's
some
tune-up
and
cleanup
that
we
need
to
do
I'm,
not
sure
that
we
tell
developers.
If
you
comply
with
this
mailing
list,
you
will
have
complied
with
the
notice.
I
think
it
might
be
different
things,
but
I'll
personally
volunteer
in
the
next
two
months
to
spearhead
that
project
and
clean
this
up.
E
Mattamere
I
was
going
to
say
the
fastest
way,
I
know
of
to
direct
the
staff
to
change
a
policy
is
to
make
a
decision
that
is
counter
to
the
way
that
they
are
doing
the
policy
today
and
if
there
is
which
I
believe
there
is
honest
disagreement
about
what
that
policy
means
it
will,
by
making
the
decision,
will
force
them
to
re-examine
that
policy
and
the
way
that
they're
enforcing
it
and
the
way
that
they're
administering
it
so
to
me
to
not
make
this
decision
today
would
tell
them
way,
you're
doing
it.
F
E
Think,
especially
in
this
case
when
the
applicant
was
the
owner,
was
the
manager
absolutely
knew
what
those
mailing
boxes
were
for
each
of
those
residents,
and
the
notice
requirement
is
very
clear
that
the
residents
to
be
mailed
to
include
those
who
live
within
the
subject,
property
I.
Think
for
me,
it's
clarifying
the
policy
that
we
already
have
in
place
and
asking
staff
to
recognize
that
we
we
as
a
body
believe
that
this
Clarity
is
both
needed
and
appropriate.
So.
N
E
A
So
I
won't.
It
looks
as
though
I
won't
be
voting.
I
just
want
to
say
a
couple
things
council,
member
Willett
said
it
exactly
as
I
intended
to
which
is
there's
a
letter
of
the
law,
and
it
looks
but
for
all
intents
and
purposes,
if
our
staff
followed
that,
but
then
there's
a
spirit
of
law
and
the
spirit
truly
is
that
folks
have
access
to
notice.
So
they
have
the
opportunity
to
weigh
in
and
in
asking
to
better
understand.
You
know
the
the
reach
of
the
letter
of
law
versus
the
spirit
of
law.
E
A
Hallie
Burton
brought
up
in
overnight
shelters.
There
are
many
people
there,
but
do
they
all
have
mailboxes
versus
assisted
living
facilities
where
everybody
might
have
mailboxes
dorm
I
have
no
idea,
but
to
me
it's
it's
Pro.
It's
most
likely
a
policy
to
sit
a
discussion
after
this,
as
we
did
and
notice
on
the
size
of
signs,
for
instance,
where
a
look
could
be
taken
on
how
to
meet
the
spirit
of
the
law
that
was
intended
when
the
notice
law
was
written.