►
From YouTube: City Council Evening Meeting - 10/6/2020
Description
Please visit the following link for information on how to testify during virtual public hearings:
https://www.cityofboise.org/departments/finance-and-administration/city-clerk/virtual-meetings/
A
A
Okay,
all
right,
then,
council's
all
here,
so
we'll
go
ahead
and
start
with
an
invocation
which
is
a
moment
of
silence,
followed
by
the
pledge
of
allegiance.
A
A
C
D
E
Madam
mayor,
yes,
just
let
the
record
show
that
I
am,
I
was
not
available
at
the
6
p.m.
Meeting
so
abstain
from
that
one
thanks
sanchez
as
well.
B
A
D
Haven't
a
an
agenda
amendment
but
it
looks
like
it
made
it
on
the
electronic
agenda.
So
I
don't
know
if
that's
the.
D
So
I
do
need
to
make
a
motion
to
accept
the
amended
agenda.
Okay,
go
ahead!
Okay,
madam
mayor,
I
move
that
pursuant
to
idaho
idaho
code
sections
74204b
that
we
adopt
the
agenda
as
amended
to
include
special
business
items,
car
19-25
reconsider
vote
request.
F
D
Madam
mayor,
if
I
could
make
a
comment
just
for
the
public,
the
public
hearing
on
bike
bars
was
noticed
for
to
occur
tonight,
but
did
not
end
up
on
the
agenda
because
it
never
appeared
on
the
posted
agenda.
We
can't
make
a
motion
on
it.
So
council
should
note
it
at
the
beginning
of
the
meeting,
so
we
I'm
that's
what
I'm
doing
rather
than
have
a
hearing
on
it
tonight.
It
has
been
placed
on
the
work
session
for
october
20th
and
the
public
hearing
may
be
rescheduled
after
that
work
session.
A
G
The
mayor
council
members
last
week
you
heard
a
rezone
for
3.3
acres
at
the
intersection
of
boise
avenue
in
protest.
The
applicant
has
requested
reconsideration
of
the
vote.
If
reconsideration
is
granted,
staff
will
ensure
that
a
public
hearing
is
scheduled
and
properly
noticed,
and
the
request
is
before
you
tonight.
D
Read
through
the
reasons
for
reconsideration,
I
am
not
inclined
to
move
to
reconsider.
I
believe
that
we
would
be
forced
again
to
make
a
decision
from
the
diocese
about
changes
rather
than
having
those
come
through
the
process.
I
recognize
that
this
particular
applicant
has
had
to
wait
a
long
time
because
of
covet
19,
but
I'm
I'm
not
convinced
that.
That's
a
reason
to
reconsider
tonight.
A
F
Madam
mayor,
yes
would
like
to
see
a
few
items
under
resolutions
removed
from
the
consent
agenda.
It
would
be
resolution
46120
the
sro
contracts,
so
resolution
46120.
D
Okay,
all
right
mad
mayor,
I
would
move
to
approve
the
consent
agenda,
absent
those
three
resolutions
that
were
pulled
off.
B
D
B
D
If
I
could,
if,
if
it's
appropriate
now
to
have
a
discussion
on
those
three
resolutions,
and
then
we
could
vote
on
them
sure
if,
if
it's.
D
I
asked
the
question
about
school
resource
officers
of
chief
lee
during
his
presentation,
because
I
knew
that
these
resolutions
were
on
the
agenda
tonight,
recognizing
that
that
this
is
one
of
the
places
within
the
police
department
that
there
may
be
room
for
some
changes.
That
will
respond
to
some
of
the
concerns
that
we've
heard
over
the
last
year,
but
also
recognizing
that
at
the
moment,
we
don't
have
really
enough
data
to
understand
how
these
are
working,
how
well
they're
working
what
what's
working?
I
Madam
mayor,
I
I
concur
with
what
council
president
clegg
has
said
and
also
want
to
add
that
I
think
this
is
a
conversation
that
we've
intended
on
having
with
the
school
district,
but
because
of
the
upheaval
that
covet
19
has
caused
within
the
schools,
and
you
know
just
the
you
know,
shifting
environment
and
shifting
plans
that
they've
been
dealing
with
on
a
daily
basis.
F
F
I
I
know
for
myself,
I
I
grew
up
in
burleigh
and
I
just
don't
remember
there
being
a
strong
police
presence
in
school.
There
was
a
very
strong
police
presence
in
our
community,
but
not
in
school,
and
at
this
point
I
just
I
don't.
I
don't
know
that.
That's
something
that
I
don't
know
that
that's
something
I
support.
F
Any
number
of
issues
living
with
different
types
of
learning
disabilities,
there's
just
so
much
that
goes
on
in
a
school,
and
I
feel
that
those
needs
are
better
served
by
folks
who
are
trained
specifically
to
meet
those
needs.
So
at
this
point
I
would
not
vote
in
support
of
moving
forward
with
the
contract
until
we
can
see
if
this
is
actually
working.
Because
to
be
honest
at
this
point
I
don't
know
what
the
purpose
of
an
sro
is
in
the
public
school
system.
D
F
D
Go
ahead,
thank
you.
Well,
I
appreciate
councilmember
sanchez's
concerns
and
in
fact
conversation.
I've
had
with
our
police
chief
is
that
I
would
like
to
look
at
best
practices
nationally
for
school
resource
officers,
and,
as
we
have
that
conversation,
I
think
both
of
us
recognize
that
this
is
an
area
where
it's
potentially
ripe
for
some
real
good
improvement.
Some
real
good
investigation.
D
However,
if
we
don't
go
forward
with
these
contracts
this
year,
first
of
all,
we
will
disrupt
what
the
school
districts
have
already
been
planning
for
a
resource.
They
rely
on
really
for
security
concerns,
given
the
kinds
of
security
issues
that
schools
have
faced
recently
and
also
would
leave
us
in
a
position
not
to
be
able
to
collect
the
data
that
would
inform
what
are
these
resource
officers
for?
What
are
they
doing?
What
can
they
do?
Best?
D
Certainly
part
of
the
conversation
I
had
with
the
chief
was
whether
or
not
it
was
possible
and
could
be
effective
to
pair
resource
officers
with
social
workers
or
others
to
do
that.
Hard
work
that
needs
done,
and
that
often
is
asked
of
police
officers
or
educational
counselors,
who
are
not
specifically
trained
of
it,
and
he
agreed
that
it
might
be
a
good
idea
to
look
into,
but
that
there
just
wasn't
enough
time
to
do
it
for
this
year
and
that
there
might
be
resources
that
we
could
look
for.
D
That
would
actually
allow
us
to
do
it
in
such
a
way
that
we
could
make
it
into
a
research
project.
So
we
could
really
determine
whether
or
not
any
changes
we
made
were
being
effective,
and
so
I
am
supporting
it
because
I
do
want
to
move
forward
finding
the
best
way
forward,
and
I
always
believe
that
getting
good
information
leads
to
that,
and
I
believe
that
moving
forward
with
these
contracts
this
year
will
allow
us
to
get
that
good
information.
E
E
Sros
are
not
a
good
decision,
so
at
this
point
I
look
forward
to
that
conversation
going
forward
and
and
ensuring
that
we
make
the
right
decision
in
future
contracts,
but
I
I
personally
feel
more
safe
having
sros
as
a
as
a
father
with
my
six-year-old
than
than
not
at
this
point,
so
I
I
support
these
contracts,
but
want
to
continue
digging
in
and
looking
at
them
going
forward.
A
J
I'm
gonna
vote
in
in
support
of
these
these
contracts,
and
that
may
surprise
some
people,
I'm
not
sure,
but
I
do
it
with
reluctance.
Reluctance
isn't
the
word
that
I'm
looking
for,
but
I
do
it
wishing
that
we.
J
I
do
think
that
we
we
had
time
for
a
conversation,
and
I
and
I
brought
that
up
much
earlier
in
the
year,
and
I
think
that
we
still
owe
that
conversation
to
our
community.
I
think
that
we
really
do
need
to
be
having
a
deep
conversation
about
what
the
future
of
policing
looks
like,
and
I
really
appreciate
council
leadership's
desire
for
that
same
thing
and
their
their
efforts
to
bring
the
chief
in
to
have
these
conversations
that
we've
been
having
week
after
week
after
week.
J
I
do
think
that
the
community
members
should
be
involved
in
that
discussion,
and
I
would
really
love
to
hear
what
parents
have
to
say
what
the
school
district
has
to
say
and
what
sros
have
to
say
about
what
this
would
look
like
going
forward.
I
wish
we
would
have
had
that
conversation
before
we
were
approving
these
tonight.
J
F
Madam
mayor,
one
thing
that
I
want
to
point
out
and
anybody's
free
to
research
this
there
is
disparity
in
the
way
that
children
of
color
are
disciplined
in
relation
to
white
kids.
F
That
is
part
of
my
concern,
and
also
just
just
learning
over
the
last
year
that
there
is
an
assumption
that
I
think
some
of
us
have
that
entities
that
are
in
charge
of
our
public
health
are
keeping
track
of
racial
and
ethnic
demographics
as
actions
are
being
taken
or
taking
place,
and
then
to
discover
that
that
information
is
in
fact,
not
being
gathered
which
is
really
informative
in
terms
of
how
people
are
treated
disparately.
F
F
A
A
But
given
the
fiscal
constraints,
the
conversation
in
the
public
about
what
this
should
look
like.
The
interest
in
the
schools
and
having
these
and,
of
course,
our
own
interests
and
having
them
as
well.
This
is
a
conversation
we
have
to
keep
having.
We
will
chiefly
is
prepared
to
collect
data
in
the
coming
years,
so
we
can
know
better
how
the
sros
are
being
used
and
how
it
complements
community
policing.
D
A
We
are
on
to
new
business
first
subdivision
up
is
the
serol
subdivision,
suv,
20-30
we've
got
cody
and
then
ben
simple.
If
there's
anything
that
you
need
to
say:
no,
no,
that's
not
been
back
there.
I
imagine
that
ben's
online,
you
can
let
us
know
after
cody
speaks
if
you
feel
the
need
to
add
anything
or
if
you're,
in
agreement.
K
K
K
K
I
would
note
that
the
commission
did
also
support
a
request
for
a
waiver
from
the
requirement
to
install
curb
veterans
sidewalk
at
this
time
they
agreed
with
achd
that
a
more
holistic
approach
to
this
very
short
segment
of
street
was
probably
better
in
in
this
situation,
with
no
opposition
expressed
at
the
commission
hearing
and
we
remain
unaware
of
any
any
now.
The
subdivision
does
meet
all
of
the
objective
requirements
of
the
development
code
and
the
commission
found
that
it
was
supported
by
the
policy
guidance
of
blueprint
boise.
L
Hi
ben
semple,
1014
south
la
point
street
suite
3,
boise,
idaho,
83706,
yeah
cody
did
a
great
job
kind
of
describing
what
this
little
infield
project
is,
and
we
are
in
agreement
with
all
the
conditions
of
approval
of
the
staff
report.
L
K
Is
a
quick
trip,
madam
mayor
members
of
council,
this
is
a
request
for
a
preliminary
plan,
approval
of
a
residential
subdivision
that
includes
55
buildable
lots.
39
of
the
lots
are
for
dwelling
units
and
another
16
are
for
garages
associated
with
the
homes.
K
The
two
and
a
half
acre
site
is
located
just
southwest
of
the
corner
of
fairview
avenue
and
coal
road
in
west
boise,
the
property
is
zone
c,
2d
or
general
commercial,
with
design
review
that
does
allow
residential
uses
with
the
conditional
use
permit.
The
project
did
receive
that
approval
earlier
this
year.
That
decision
was
not
appealed,
so
it
is
only
the
subdivision
that
is
before
you
this
evening
before
we
get
into
the
subdivision.
Just
briefly,
on
some
background,
there's
quite
a
bit
of
history.
K
K
Most
recently,
it
was
rezoned
to
the
current
commercial
designation,
but
subject
to
a
development
agreement
that
agreement
allowed
commercial
uses
along
fairview
but
limited
the
uses
adjacent
to
the
residential
neighborhood.
To
the
south
and
west,
it
also
limited
building
height
and
required
additional
buffering
in
those
locations.
K
K
The
commission
found,
though,
that
the
impacts
were
mitigated
through
project
design
and
conditions,
and
I
would
note
that
it
will
be
finalized
through
the
design
review
process
that
has
yet
to
occur.
The
commission
again
unanimously
approved
plan
unit
development
and
recommended
approval
of
the
subdivision.
It
meets
all
the
objective
standards
of
the
development
code
and
residential
development
in
this
location
is
certainly
as
supported
from
a
policy
perspective.
J
Hey
cody,
I
saw
in
the
in
the
memo
that
it
did
bring
up
the
tiling
of
the
irrigation.
I
don't
I
couldn't
quite
tell
if
that
was
the
rust
lateral
or
what
the
whole
plan
was
for
the
the
lateral
that
runs
through
the
property.
K
Madam
mayor
council,
member
hallie
burton
there'd
be
landscaping
immediately
adjacent
to
the
parking
lots
and
then
a
fence
right
on
the
property
line.
The
irrigation
district
is
requiring
a
gravel
access
road
back
there
and
it's
not
fenced
from
access
so
that
that
could
function
well.
It
wouldn't
provide
you
know
it
wouldn't
meet
ada
standards.
There
would
be
pedestrian
access
along
the
back
and
then
west
side
of
the
the
project
of
that.
If
that
makes
sense,.
J
K
Madam
mayor
council,
member
hallie
burton,
I
believe
those
are
all
those
are
all
private
private
parcels
there
to
the
south
so
they're,
I
don't
believe
there
is
a
connection
over
there.
Madam.
D
Mayor,
if
cody,
if
you
wouldn't
mind,
I
can
talk
to
that
a
little
bit.
There
was
a
pathway
that
connected
to
the
school
from
this
neighborhood.
It's
unclear
whether
or
not
it
was
a
prescribed
easement
or
an
allowed
use
without
amusement.
D
I
do
have
a
question
of
cody
cody,
there's
a
fair
number
of
trees
along
the
back
side
of
the
property.
I
know
they'll
be
in
the
middle
of
what
will
be
a
parking
area.
I
also
know
that
we
like
to
have
trees
in
parking
to
help
shade
the
the
parking
area
wondered
if
there's
been
any
effort
to
inventory
those
trees
and
see
if
any
of
them
could
be
saved
and
if
not
during
the
dr
review
of
this
look
at
making
sure
that
there
is
some
screening.
D
Some
vegetative
screening
on
that
south
side.
Next
to
the
neighborhood,
where
I
think
the
neighbors
have
been
most
vocal
about
the
their
concerns.
K
Madam
mayor
councilmember
clay
again
we'll
finalize
this
through
design
review,
but
I
know,
as
noted
in
the
planning
commission
approval
of
the
pud,
that
there
were
37
caliper
inches
of
trees
that
would
be
removed.
That
would
be
required
to
be
mitigated
for
so
that
is
that
was
a
condition
of
approval
with
the
pud.
D
K
A
H
This
is
tamara
thompson
with
the
land
group.
My
computer
was
was
activated,
but
I
would
like
bud
but
but
does
have
a
presentation
for
you
if
we
could
switch
to
his
computer.
Please.
A
A
A
And
we
could
ask,
are
there?
Are
there
terms
or
conditions
in
the
staff
report,
in
particular
that
you
wanted
to
address
because
you'd
like
something
different
or
if
we
can't
get
your
presentation,
if
you're
in
agreement
with
them
or
wanted
to
answer
some
questions
from
council?
We
could
do
it
that
way
too.
M
We're
absolutely
in
agreement
with
everything
that's
been
discussed,
I
think,
wanted
to
share.
I
work
for
neighborworks
boise
and
just
a
perspective
of
how
we
approach
our
developments.
I
think
we've
been
helpful
and
was
part
of
our
presentation,
but
certainly
isn't
something
that
has
to
happen.
A
What
I'm
going
to
suggest,
but
I
really
appreciate
the
work
that
the
neighborworks
does
and
I'm
sure
that
everybody
would
like
to
see
it.
But
I
wonder
since
we're
having
trouble-
and
you
agree
with
the
terms
and
conditions
of
the
staff
report
and
if
I
get
the
sense
looking
at
council
members
that
they
did
as
well,
that
we
could
go
ahead
and
take
action.
But
perhaps
you
could
share
the
presentation
with
all
of
us
so
that
we
could
review
it
to
better
understand
and.
A
Great
thanks,
sorry,
that
the
uploading
didn't
work,
but
with
that,
if
there's
nothing
else,
I
think
council
president,
has
something
so
bud.
Please
stay
on
the
line.
There
might
be
a
question:
are
you
still
there
bud?
I
would
love.
M
D
Thank
you.
First
of
all,
I
appreciate
you
guys
coming
forward
with
this
development.
I
think
it's
a
it's
been
a
tough
sight
and
this
seems
to
meet
not
just
the
conditions
of
the
development
agreement,
but
much
of
what
the
neighborhood
asks
for.
So
I
certainly
appreciate
that
my
question
has
to
do
whether
or
not
you're
planning
to
try
and
preserve
any
of
those
trees.
On
the
south
side.
M
Yeah.
Thank
you
for
that
question.
We're
excited
for
the
site
as
well.
I
think
some
of
what
we've
had
to
do
with
that
south
side
has
to
do
with
the
ditch
company's
willingness
to
have
those
trees
within
that
area,
as
it
relates
to
how
the
roots
grow
and
or
could
be
an
obstruction
or
for
that
matter,
be.
D
A
All
right,
that's
it
well
bud
thanks
again
and
if
you'll
just
send
that
through
cody,
we'll
all
take
a
look.
M
A
E
A
K
Hi,
madam
mayor,
welcome
back
cody.
Thank
you,
madam
mayor
members
of
council.
This
is
a
request
to
rezone
multiple
parcels
that
total
just
under
one
acre
from
r2
or
medium
density,
residential
to
you
or
the
university
district.
The
properties
are
generally
located
south
of
belmont
street
between
denver
avenue
and
vermont.
K
These
were
originally
part
of
a
much
larger
application
package
that
included
six
parcels
and
a
comprehensive
plan.
Amendment
also
a
num
involved,
a
number
of
changes
to
the
bsu
master
plan
bsu,
as
you
probably
are
aware,
they're
revisiting
their
long-term
plan.
So
all
of
those
aspects
of
the
request
are
no
longer
before
us
for
consideration.
K
We
are
now
only
looking
at
just
four
parcels,
they're
all
already
within
the
boundaries
of
the
bsu
master
plan
and
all
already
owned
by
the
university.
This
is
consistent
with
the
how
they've
historically
approached
this
sort
of
thing,
where
they
rezoned
properties
on
a
somewhat
regular
basis.
K
These
properties
and
this
rezone
are
not
tied
to
any
specific
development
proposal
at
this
time.
They
will,
however,
facilitate
future
development
that
is
consistent
with
the
long-term
vision
of
the
area.
The
standards
of
the
u
or
university
district
that
apply
across
the
entire
campus
will
apply
to
these
properties.
K
As
you
can
see
in
the
record,
there
was
a
bit
of
testimony
at
the
commission
hearing,
but
it
was
focused
more
on
the
consideration
of
a
sports
facility
that
was
being
contemplated
earlier
in
the
year
again,
that's
not
before
us
this
evening.
The
rezone
is
consistent
with
the
land
use
map,
boise
state's
master
plan
and
the
policy
guidance
of
blueprint
boise.
The
commission
did
unanimously
recommend
approval
of
the
rezone
back
in
august
and
we
are
recommending
you
adopt
their
recommendation
and
approve
the
rezone
this
evening.
Thank
you.
D
D
K
Madam
mayor
councilmember
clay,
if
the
colors
aren't,
I
guess,
they're
ideal
and
that
they're
very
close
to
the
school's
colors,
but
you
notice,
I
see
one
one
outlying
parcel
that
appears
to
still
be
r2
and
not
with
the
university
university
district
that
has
that
hatching.
So
I
believe
this
does
largely
capture
all
of
them,
but
we'll
certainly
keep
that
in
mind.
Instead
of
so
many
bits
and
pieces.
A
All
right,
if
there
are
no
other
questions
for
cody,
we've
got
drew
alexander
for
boise
state,
and
then
the
southeast
neighborhood
association
has
said
there
as
well.
Hi
drew
we're
going
to
give
every
party
10
minutes
this
evening.
N
Thank
you
good
evening,
madam
mayor
members
of
council,
my
name
is
drew
alexander
with
representing
boise
state
university,
1910
university
drive,
boise,
idaho,
83725
cody.
Thank
you
and
all
the
other
members
of
the
planning
and
development
services
team
who
have
helped
with
the
application
along
the
way.
It's
it's
been
a
little
over
a
year
since
we
submitted
so
a
lot
of
people
have
been
involved,
and
I
just
want
to
say
thank
you.
N
There
have
been
a
lot
of
changes
to
our
requests
and
they
primarily
reflecting
two
things,
one
of
which
is
the
suspension
of
the
originally
proposed
baseball
program,
and
the
second
is
some
active
and
ongoing
conversations
with
neighbors
and
neighborhood
associations
and
I'd
just
like
to
take
a
few
minutes
to
make
a
few
comments
on
that.
Second
reason:
we
are
in
the
home
stretch
with
the
large
stakeholder
group
discussing
the
neighborhood
nearest
to
campus,
and
that
process
is
creating.
N
N
It
was
conversations
conversations
leading
up
to
and
during
those
meetings
that
prompted
us
to
remove
the
two
parcels
nearest,
the
neighborhood
from
our
rezoning
request.
We
started
this
process
with
18
parcels
subject
to
potential
rezone.
N
The
one
that
was
just
referenced
on
the
map
is
in
fact,
still
privately
owned
and
would
retain
an
r2
zoning
in
that
area
of
campus.
But
it
is
the
only
remaining
parcel
in
that
area
that
is
privately
owned,
that
stakeholder
effort
and
others
like
it
illuminate
the
importance
of
what
planning
circles
call
the
town,
gown
relationship.
N
Boise
state
cannot
ignore
the
importance
of
the
city
around
it
and
vice
versa,
and
our
hope
is
that
a
solid
foundation
is
being
laid
for
meaningful
and
long-lasting
work.
There
are
a
few
exciting
prospects
coming
out
of
these
chats,
including
housing
for
boise's
workforce,
strengthening
the
sense
of
place
within
neighborhoods
and
safe
transportation.
N
Our
stakeholder
group
has
their
final
meeting
this
upcoming
week,
but
our
hope
is
that
the
process
acts
more
as
a
starting
point,
rather
than
a
finish
line
going
back
to
that
first
reason
of
which
was
baseball.
As
you
know,
a
difficult
decision
was
made
to
suspend
the
program
earlier
in
the
year
and
I'd
just
like
to
thank
everyone
that
voiced
their
support
for
the
program
since
the
suspension,
including
those
that
testified
at
planning
and
zoning
back
in
august.
N
What
the
cancellation
ultimately
means
from
a
campus
planning
perspective
is
that
we're
back
to
the
drawing
board.
In
a
sense,
however,
boise
state
does
have
a
new
strategic
plan
underway
and
we
recently
completed
a
student
housing
market
analysis
we'll
be
using
that
feedback,
along
with
ongoing
neighborhood
planning,
to
inform
what
happens
in
this
part
of
campus.
N
D
F
Madame
here
go
ahead:
yes,
I
echo
council
president
craig,
you
know
I,
I
was
a
homeowner
for
eight
years
in
the
area
near
boise
state,
and
one
thing
I
I
wanted
to
see
was
an
opportunity
for
you
to
graduate
from
being
a
student
to
being
a
homeowner
and
to
really
making
a
home
near
the
university.
F
I
think
it's
good
for
students
to
have
those
interactions,
not
just
with
with
fellow
students,
but
perhaps
with
alumni
with
people
who
took
their
degrees
and
decided
to
become
homeowners
and
to
call
that
part
of
boise
their
own.
I
wish
I
still
live
there.
Quite
honestly,
it
was
a
vibrant
place
to
live,
to
be
able
to
look
out
my
front
window
and
see
boise
state
students
quite
literally
stop
and
smell
my
roses
smell
the
flowers
and
the
reason
those
flowers
were.
F
There
was
because
our
neighborhood
association
had
forged
a
partnership
with
the
horticultural
department
at
boise
state,
and
there
were
horticultural
students
who
did
their
senior
projects
did
their
final
projects
by
putting
in
xeroscape
native
plants,
wow
drought,
resistant
plants
in
the
right-of-way
strips
beautifying,
our
neighborhood,
and
so
it
would
be
lovely
to
see
that
sort
of
partnership
and
collaboration
and
a
nice
mix
of
the
type
of
people
who
who
call
that
part
of
boise
home.
So
thank
you.
A
A
A
A
D
With
that,
I
will
move
approval
of
car
19-21
boise
state
university,
a
rezone
of
four
parcels;
totaling
.83
acres
from
r2
to
university
zone
between
south
belmont
and
denver
avenue
south
of
belmont
street
between
denver
avenue
and
vermont.
Second,.
I
I
just
want
to
thank
boise
state
for
staying
so
diligent
as
there
are
so
many
changes
happening
on
campus
and
making
sure
that
the
master
plan
is
carefully
thought
out
and
has
the
input
of
neighboring
residents.
I'm
looking
forward
to
seeing
the
student
housing
plans
that
come
forward,
because
we
know
that
there's
a
shortage
of
housing
around
there,
it's
causing
some
consternation
with
neighboring
families
and
residents.
I
A
B
K
K
The
roughly
one
acre
site
is
addressed
at
1709,
south
federal
way,
which
is
just
south
of
the
overland
road
federal
way
intersection.
These
applications
were
were
heard
in
conjunction
with
a
planned
unit,
development
and
variants.
The
commission,
at
that
time
approved
the
plan
unit
development
and
recommended
approval
of
the
re-zone
and
subdivision
they
did
deny
the
variance
and
that
decision
and
the
approval
of
the
plan
unit
development
were
not
appealed.
So
it
is
only
the
rezone
and
subdivision
before
you
this
evening.
K
The
property
has
designated
mixed
use
on
the
land
use
map.
R3
zoning
is
allowed
in
this
designation
and
the
moderate
to
higher
density
residential
higher
density.
Residential
development
is
anticipated.
The
mixed
use
designation
actually
allows
a
number
of
zoning
districts
the
r3
zone
and
the
density
it
allows
makes
a
lot
of
sense
here.
A
federal
way
is
a
mobility
corridor
with
enhanced
facilities
for
bicycles
and
pedestrians.
K
K
Moving
on
to
the
subdivision
again,
it
includes
20
buildable
lots.
Each
will
be
occupied
by
a
town
home.
These
town
homes
will
be
accessed
from
a
single
service,
drive
off
the
federal
way.
The
frontage
will
be
improved
with
five
foot
detached
sidewalk
and
landscaping.
The
street
trees
will
be
provided
between
the
sidewalk
and
the
town
homes.
K
Now
the
project
will
require
will
require
the
removal
of
some
trees,
most
of
which
are
actually
unhealthy
or
undesirable
species.
However,
the
applicant
is
saving
30
trees
and
planting
23,
more
which,
from
a
caliper
perspective,
is
slightly
exceeding
the
required
mitigation
in
terms
of
connectivity.
There
was
no
real
opportunity
here
for
actual
public
street
connections.
However,
we
believe
believed
and
continue
to
believe,
there's
merit
to
a
pedestrian
connection
to
the
west.
Unfortunately,
there's
a
private,
easement
or
privately
owned
parcel
over
there.
That
precludes
it
at
this
time.
K
K
One
individual
did
did
speak
at
the
planning
and
zoning
commission
hearing
there
were
concerns
focused
on
height
density
views
and
parking.
The
buildings
will
meet
the
height
limit
of
the
zone
and
all
required
parking
has
been
provided.
All
other
objective
requirements
of
the
development
code
are
also
met.
The
density
is
consistent
with
that
that
already
exists
in
the
area,
and
the
lack
of
connection
actually
back
to
the
west
will
mitigate
any
impact
in
terms
of
vehicular
traffic.
K
As
you
saw
on
the
record,
the
commission
did
unanimously
approve
the
project.
They
found
the
reason
and
subdivision
consistent
with
the
objective
standards
of
the
code
and
also
a
host
of
comprehensive
plan
policies
supporting
both
they
recommended
approval
of
both
applications,
and
we
are
recommending
you
do
the
same
this
evening.
Thank
you.
A
L
Yes,
I'm
here,
madame
mayor
members
of
council
ben
semple,
1014
south
la
point,
street
suite
3
boise,
idaho,
83706
yeah,
as
cody
stated,
you
know
we're.
We
are
in
agreement
or
sorry.
We
are
in
agreement
with
all
the
conditions
of
approval
of
the
staff
report
and
cody's
presentation
did
a
great
job
of
outlining
kind
of
what
we're
planning
to
do
on
this
site.
We
think
that
it's
a
great
opportunity
for
some
for
an
additional
housing
type
in
this
area.
L
We
are,
as
he
was
talking
about,
also
the
tree
mitigation,
the
30
trees,
we're
saving,
do
equate
to
374
caliber
inches
and
then
the
added
trees,
27
additional
deciduous
trees
at
two
and
a
half
inches
caliber
each
would
be
67
and
a
half
and
the
removed
trees
are
54
inches.
So
we
do
exceed
the
removals
to
remove
trees,
and
with
that
really,
I
would
stand
for
questions
really
looking
forward
to
this
project.
Moving
forward
good
mayor.
J
Yeah
no
real
questions.
I
just
wanted
to
say
thank
you
both
to
ben
and
the
staff
for
really
looking
at
that
future
connection
to
a
net
street
as
a
possibility.
J
It
seems
like
that,
would
make
so
much
sense
and
being
able
to
cut
off
and
get
to
a
little
bit
more
of
a
low
stress
way
or
to
get
over
to
federal
way
as
well,
and
then
then,
just
the
the
rooftop
patio,
I
think,
is
such
a
great
opportunity
for
that
unique
space
to
be
able
to
look
over
the
valley
right
there
and
is
something
really
unique,
so
a
great
design
and
thanks
for
again
for
that
future
consideration.
For
that
connection,.
D
Vladimir
ben
I'm
really
impressed
with
this
this
particular
project.
I
think
you're
right,
it
will
add
a
new
and
different
needed
housing
type
to
federal
way.
A
A
I
Mayor,
I
have
a
quick
question
that
I
just
thought
of
and
it
might
be
for
cody,
so
this
project
is
directly
up
the
hill
from
manito
park.
Do
we
have
or
are
we
planning
any
kind
of
canal
crossing
and
access
down
from
federal
way
to
that
park?.
K
Madam
mayor
councilmember
woodings,
not
not
to
my
knowledge,
I
think
you
know
across
federal
way
here.
There's
there's
quite
a
slope
in
most
locations
down
down
to
the
canal,
so
it
would
probably
prove
quite
quite
challenging.
I
could
certainly
follow
up
and
look
into
that
a
little
bit
and
report
back,
but
to
my
own
knowledge
this
evening.
No,
we
don't
have
anything
planned.
I
I
think
they
have
pretty
nice
connectivity
to
terry
day
also,
but
I
just
kind
of
thought
of
that.
Manito's
such
a
beautiful
park
so
it'd
be
neat
to
have
as
many
people
able
to
access
that
as
possible.
B
A
L
E
A
O
Madam
mayor
members
of
the
council,
before
you
tonight
is
a
preliminary
plan
approval
for
a
four
lot
leonis
for
the
four
lot
leone
hill
subdivision
number,
two
on
9.28
acres
and
an
appeal
of
the
planting
zoning
commission
approval
of
a
category
3
hillside
grading
permit
the
subject.
O
You
can
actually
see
the
four
building
pads
that
are
being
proposed
from
the
grading
plan.
I
would
note
that
the
applicant
intends
to
keep
the
existing
share
drive
connection
to
cartwright
road
to
the
buildable
areas
on
the
top
of
the
ridge.
This
shared
driveway
will
be
expanded
to
comply
with
the
fire
fire
department
requirements.
In
addition,
the
building
pads
located
on
the
building
pads
are
located
along
the
west
property
line,
and
the
shared
driveway
will
will
basically
approach
them
on
the
east
side
or
located
on
the
east
side
of
the
building
pads.
O
At
the
planning
and
zoning
commission
hearing,
the
commission
heard
testimony
from
the
applicant
and
from
several
neighbors
expressing
concerns
of
the
proposed
project
which
included
the
appellant.
After
the
testimony
the
commission,
the
commission
discussed
the
project
and
approved
the
hillside,
grading
permit
and
recommended
approval
of
the
preliminary
plan.
As
such,
the
appellant
submitted
an
appeal
of
the
planning
zoning
commission's
approval,
expressing
concerns
of
the
stability
of
the
slope
on
the
west
or
the
western
slope,
and
these
are
the
two
grounds
for
the
appeal
listed
here.
O
At
the
planning
zoning
commission,
the
appellant
submitted
an
opinion
letter
from
mti
their
geotech
engineer
and
noted
that
noting
noting
the
instability
of
the
western
slope
to
address
these
concerns,
the
appellant
suggested
this
design
change.
You
see
here
which
would
relocate
the
building
pads
to
the
east
and
the
shared
driveway
to
the
west,
along
along
that
western
slope
edge.
This
would
protect
the
western
slope
from
irrigation
and
storm
water
runoff,
and
also
protect
it
from
being
disturbed
by
the
homeowners.
O
As
such,
the
planning
team,
the
planning
planning
team,
recommends
the
appeal
be
upheld
and
a
condition
be
added
requiring
that
the
stability
of
the
western
sold
be
protected.
In
short,
the
planning
team
does
not
believe
the
planning
zoning
commission
decision
was
arbitrary
capricious
since
the
item
was
discussed
thoroughly
at
the
hearing.
However,
due
to
the
technical
information
presented
at
the
hearing,
there
was
not
enough
time
for
the
commission
to
fully
consider
this
information
or
for
the
public
works
engineer
to
review
and
revise
the
recommendation.
O
Therefore,
the
planning
team
believes
the
commission
decision
was
not
based
on
the
substantial
evidence.
Due
to
this
unique
situation.
The
planning
team
also
recommends
approval
of
the
preliminary
plat
council
should
note
that
they
have
discretion
to
change
the
plat
layout
and
the
project
design
with
their
review
of
the
preliminary
plot,
if
they
so
choose.
Thank
you.
D
D
Given
your
recommendation,
I
what
I'm
I
just
want
to
clarify
for
the
record
you're
recommending
that
we
uphold
the
appeal
only
by
adding
this
condition
for
stability
of
the
western
slope
and
in
doing
that,
we're
not
necessarily
requiring
the
applicant
to
change
their
design,
we're
just
asking
them
to
prove
that
the
design
they
currently
have
will,
in
fact
protect
the
stability
of
that
western
slope.
Is
that
correct.
O
Madam
mayor
members
of
the
council,
that
is
absolutely
correct.
The
condition
is
designed
to
make
to
ensure
the
public
works
engineer
the
applicant
take
whatever
means
necessary
to
protect
that
slope.
I
didn't
want
to
prescribe
a
specific
design
change
being
that
there
could
be
other
engineering
solutions
that
could
achieve
the
same
thing.
P
Thank
you,
madam
mayor
heath,
clark,
251,
east
front
street
representing
the
applicant
or
excuse
me
the
appellant,
I'm
used
to
saying
representing
the
applicant.
It's
an
that's
a
reflex
at
this
point,
so
the
appellant
is
zwj
properties
and
it's
principal
zeke,
johnson
dave.
Do
you
have
the
oh?
You
do
have
it
up?
Thank
you.
So,
as
I
mentioned
at
pnz,
this
is
a
situation
where
we
are
not
in
opposition
to
the
development
of
this
site.
P
This
is
something
we
think
should
be
developed.
Our
concern
is
about
the
details,
so
my
client
developed
the
win
hollow
subdivision.
That's
immediately
to
the
west
of
this
project,
so
as
you're
looking
at
this
slide,
it's
just
on
top
of
it
as
you
as
you
look
up,
and
you
can
see
that
the
topo
map
there
is
is,
is
steep.
That's
a
significant
grade
going
from
this
project
down
to
my
clients,
project
next
slide.
P
It's
that
steep
slope.
That
is
the
source
of
our
concern.
P
This
is
the
view
from
the
southwest
facing
toward
the
proposed
subdivision
and
when
wind
hollow
was
developed,
it
was
studied
and
one
of
the
requirements
that
came
out
of
that
study
was
installation
of
significant
catchment
walls
about
a
half
million
dollars
worth
of
catchment
walls
had
to
be
put
in,
they
are,
they
are
rated
to
handle
highway
loads.
I
mean
these
are
significant.
This
is
a
significant
thing
and
it
was
done
because
of
concerns
about
slope
stability
when
this
project
was
originally
approved.
P
So
this
is
the
the
letter
that
david
mentioned
that
we
presented
at
the
last
hearing
and
when
we
were
there,
we
expressed
two
concerns
and
one
of
them
was
a
question
of
the
wildland
urban
interface.
One
one
concern
is
you
know
if
the
wildland
urban
interface
in
the
defensible
space
goes
over
the
edge
of
those
slopes?
P
Is
that
going
to
create
more
erosion
as
people
go
in
and
maintain,
and
do
the
things
that
you
have
to
do
to
make
sure
that
defensible
space
is
there,
but
primarily-
and
I
think
the
issue
that
we're
going
to
be
talking
about
mostly
tonight?
Is
this
question
of
irrigation
and
also
over
watering
but
irrigation
in
general,
along
that
edge
mti,
as
you
can
see
here,
confirmed
this
with
the
letter
in
your
file
and
it
recommended
a
no
water
zone
to
prohibit
potentially
destabilizing
effects
of
water,
irrigation,
runoff
and
subsurface
discharge.
P
So
our
suggestion
at
the
time
was,
as
david
mentioned,
was,
if
you
don't
mind
going
to,
the
next
slide
was
to
relocate
the
driveway.
It's
only
portions
of
the
driveway,
but
we
think
that
this
makes
the
most
sense,
because,
if
you
just
put
in
ccnr's,
for
example,
in
no
water
zone,
you're
going
to
be
relying
on
those
same
ccnr's
and
the
hoa
to
enforce
to
address
something
that
could
potentially
be
catastrophic.
P
So,
since
we
filed
our
appeal,
we
were
happy
to
see
public
works
revisit
the
issue.
This
is
what
you
see
on.
The
screen
is
what
public
works
had
indicated,
in
other
words,
that
the
driveway
should
be
relocated
to
create
the
buffer
that
we're
talking
about
to
prevent
runoff
on
the
neighboring
slope,
and
it
was
with
that
modification
that
public
works
indicated
that
this
could
meet
the
requirements
of
the
hillside,
ordinance
of
avoiding
and
creating
instability
on
on
neighboring
slopes.
P
P
P
The
report
also
suggests
that
a
blowout
of
the
water
lines
below
the
driveway
is
a
is
a
bigger
concern.
You
know,
of
course,
that
would
have
dire
implications
wherever
it
occurs,
on
either
side.
If
it's
on
the
existing
side
or
on
the
other,
but
if
those
risks
can't
be
controlled
through
proper
engineering,
then
there's
no
way
to
have
a
finding
that
the
project
won't
create
soil
instability
on
either
side,
which
is,
of
course,
a
basic
foothills
requirement.
P
You
know
our
concern.
Concerns
are
based
on
not
on
the
worst
case
scenario,
they're,
based
on
the
more
likely
scenario,
which
is
irrigation
day-to-day
irrigation,
creating
issues
along
that
edge.
So
with
that,
I
think
everybody's,
very
clear
on
on
what
our
concerns
are
and
I'd
be
happy
to
answer
any
follow-up
questions
that
you
might
have.
D
D
P
And
that
is
the
scenario
that's
in
front
of
us
is:
how
do
we
do
that?
We've
proposed
the
driveway
public
works
has
indicated
that
that's
appropriate
any
of
the
other
solutions
that
might
be
out.
There
are
not
in
the
record
right
now,
and
so
I
can't
really
speak
to
that
in
terms
of
what
we
know
right
now.
Our
our
strong
suggestion
would
be
that
it
would
be
that
the
the
driveway
be
relocated
to
that
western
boundary.
D
Metro,
mayor
follow-up,
so
short
of
designing
from
the
dyess,
if
you
will,
is
there
a
second
condition
that
we
could
add
in
addition
to
the
slope,
stability
regarding
drainage,
ensuring
that
drainage
not
drained
to
the
west?
That
would
give
you
comfort.
P
Madam
mayor
councilman,
president
clegg,
the
you
know
certainly
ensuring
that
the
drainage
goes.
The
other
direction
would
be
a
start,
but
the
the
issues
that
we're
looking
at
are
things
like
irrigation
of
landscape
and
the
kinds
of
things
that
are
very
difficult
to
control
on
a
day-to-day
basis.
P
D
Not
not
storm
drain,
but
the
slope.
You
know
when
you
build
the
pad
make
sure
that
the
pads
drains,
not
west
but
east.
P
Councilman
president
clegg,
you
know
certainly
that
should
be
part
of
it,
but
you
know
from
our
perspective,
making
sure
that
there's
a
surface
there,
that's
not
going
to
be
landscape.
That's
not
going
to
be
watered
that,
in
our
mind,
is
the
best
way
to
address
the
issue.
D
D
Welcome
jason
so
question:
if
we
don't
try
to
design
from
the
dyess,
but
just
condition
this:
are
you
comfortable
that
the
outcome
will
in
fact
maintain
the
stability
of
that
western
slope,
not
just
in
in
the
construction
of
the
subdivision,
but
as
it's
used
over
time
by
the
new
residents.
C
That
that's
the,
I
guess,
that's
the
question.
The
condition
I
put
in
there
is
the
strongly
suggest
part
of
it,
because
we
don't
like
to
design
these
for
for
the
the
applicants
right,
but
there
are
other
alternative
methods
that
we
could
possibly
come
up
with.
C
But
that
being
said,
if
it's
just
a
direct
landscaping
type
requirement,
then
what
happens
when
they
decide
to
put
a
pool
on
that
leading
edge
and
put
a
vanishing
edge
on
there
and
it
leaks.
And
then
the
issue
at
hand
here
is:
is
the
top
two
to
three
feet
of
this?
Soil
is
the
unstable
soil,
not
the
underlying
soil,
that's
deeper
to
cause
a
global
stability.
So
I
I
had
I
thought
about
this
quite
a
bit
before
we.
C
I
wrote
this
letter
to
to
to
kind
of
back
up
this
a
little
bit
and
talk
to
the
city
engineer
as
well.
It's
just
it's
just
difficult
for
us
to
control
that
as
staff.
C
When
it's
a
landscaping
with
a
pool,
we
could
do
it
because
it's
it's
permitting,
but
then
somebody
like
myself
has
to
remember
that
this
subdivision
shouldn't
have
a
pool
or
a
hot
tub
on
a
slope,
so
it
gets
real
difficult
at
that
point.
Well,
I
felt
that
this
design
of
of
of
putting
the
the
the
access
road
on
the
west
side
was
the
easiest
and
kind
of
the
final
final
nail
in
in
the
question
of
okay.
C
C
The
infrastructure,
that's
actually
in
the
ground
right
now
is
joint
trench.
There
is
no
sewer
like
city
sewer
service,
so
everything
that
they're
going
to
have
to
put
in
for
those
individual
houses
will
have
to
be
put
in
during
the
development
phase
so
that
in
that
road,
like
they
said,
was
built
in
2000.
C
So
it's
a
20
year
old
driveway
that
we
don't
know
if
can
support
the
garbage
trucks,
construction,
trucks
or
even
fire
trucks,
so
they're
gonna
have
to
prove
to
us
that
that'll
that'll
actually
have
to
be
in
place,
but
so
with
that,
just
that
small
section
for
those
two
lots,
I
thought
it
was.
I
thought
it
was
appropriate
sorry,
a
little
long-winded
today.
E
Yeah,
thank
you,
madam.
I
also
have
a
question
for
you.
Can
you
help
me
understand
the
no
water
zone
and
idea
and
how
we
would
integrate
that
if
we
were
to.
C
I
I
you
know
from
from
the
geotext,
and
this
is
this
is
where
we
come
into
a
a
little
bit
of
a
of
a
query.
We
got
two
professional
geotechnical
engineers,
basically
on
opposite
sides
and
they're.
Both
you
know
highly
sought
after
engineers
in
the
valley.
So
when
one
says
hey,
let's
keep
the
water
off
the
slope
and
the
other
one
is
saying
yeah,
I
don't
see
an
issue,
that's
where
I
come
into
the
into
the
third
party.
It's
like,
okay,
as
as
the
city.
C
This
is
something
that
I
would,
I
would
probably
send
out
to
a
third
party
geotech
and
get
their
opinion
as
well,
but
to
come
up
with
some
sort
of
no
water
zone.
I
say
it's
it's
really
hard
to
enforce
for
us
and
then
the
ramifications,
usually,
as
somebody
did
over
water,
caused
a
slump
and
it
affects
the
downhill
neighbor
who
had
nothing
to
do
with
this,
so
it
gets
real
technical
and
then
so
we
did
bring
into
the
you
know.
C
I
read
the
previous
geotech
reports
for
the
win,
hollow
subdivision,
zeke
subdivision,
and
they
they
did
have
some
pretty
extensive
comments
and
addendums
to
this
slope.
Stability
and
that's
where
the
half
million
dollar
slope
stability
walls
came
in
was
because
of
sufficient
slumping
and
the
issues
they
had.
A
Q
Q
Start
out
with
jason
just
mentioned
that
you've
got
two
geotechnical
engineers
on
opposite
opposite
sides.
The
letter
that
all
west
presented
to
you
suggests
five
foot,
no
water
zone,
so
they
understand
and
and
agree
with
the
need
so
they're
that
they
aren't
opposed.
They
might
be
opposed
to
how
the
how
that
gets
accomplished,
but
they're,
but
I
do
believe
they're
both
in
in
fair
agreement.
So
I
apologize
for
being
a
little
verbose
here.
Q
I've
got
a
pretty
lengthy
presentation
that
was
prepared
mostly
for
the
appeal,
so
I'm
going
to
go
into
that,
and
I
think
I
get
to
a
point
here
in
my
testimony
where
I
think
I'm
going
to
try
and
align
myself
a
little
bit
with
councilwoman
plague
in
making
some
recommendations.
But
I
need
to
go
through
this
presentation
first
to
support
the
the
denial
of
the
appeal,
we're
strong.
Mr
powell,.
A
A
Q
I
think
I'm
pretty
much
right
on
that
10
minute
mark,
so
let
me
get
going
before
I
go
too
deep.
In
my
testimony.
I
wanted
to
bring
up
a
few
items
in
mr
clark's
testimony
at
the
pnc
hearing.
He
suggests
that
three
things
be
changed
in
our
project.
First,
mr
clark
asked
that
the
defensible
space
be
shifted
from
the
lower
property
line
to
the
top
of
the
slope.
We
simply
asked
that
the
council
honor
the
code
as
it
relates
to
setbacks.
Q
It
is
our
intention
to
locate
this
defensible
space
from
our
west
property
line
where
we
begin
our
control
and
then
take
that
30
foot
space
up
the
hill.
Second,
mr
clark,
would
have
us
establish
a
no
water
zone
at
the
top
of
the
slope.
This
was
the
only
recommended
change
to
our
project.
From
the
mti
opinion
letter,
there
was
never
a
mention
in
this
letter
of
a
shift
of
the
defensible
space
from
mdi.
Q
Lastly,
mr
clark
would
have
us
move
the
existing
access
driveway
from
the
east
side
of
the
lots
to
the
west
side
of
the
lots
and
adjacent
to
the
top
of
the
west
slope
to
provide
a
buffer
to
guard
against
over
watering.
This
was
never
mentioned
in
the
mti
opinion
letter.
It
is
our
contention
that
shifting
this
access
road
to
the
west
is
a
bad
idea
from
an
engineering
standpoint.
Q
Mr
taylor,
your
engineer
from
public
works
is
on
record
at
the
pnc
hearing
supporting
the
project.
As
designed,
he
has
since
revised
his
report,
suggesting
that
this
access
road
be
shifted
to
the
west
side
of
the
lots
based
on
his
review
of
the
same
mti
letter
that
is
referred
to
as
opinion
letter
two
by
mti.
Q
Q
Nor
does
the
report
make
this
suggestion
now
the
appeal,
the
appeals
based
on
the
contention
that
the
commission
acted
arbitrarily
and
capriciously,
and
that
the
action
was
not
based
on
substantial
evidence
with
regard
to
arbitrary
and
capricious
the
commission
acted
on
staff's
recommendation
for
approval,
the
detailed
testimony
of
the
applicant
and
mr
clark
and
others
from
the
public
and
on
the
detailed
site
investigations
that
indicated
that
the
site
was
well
suited
for
the
proposed
development.
Q
The
commission
acknowledged
the
level
of
detail
in
the
project
reports
and
their
trust
in
the
project,
professionals
and
staff
professionals
to
provide
a
properly
designed
project.
Contrary
to
mr
clark's
statement
in
the
appeal,
the
commission
did
consider
his
suggestions,
but
they
just
chose
not
to
adopt
them.
Q
Commissioner
gillespie
mentioned
that
most
of
the
site.
Grading
of
this
project
was
previously
completed
15
years
ago,
with
the
original
development,
with
no
historic
impact
to
adjacent
his
properties
from
erosion
or
soil
sluffing.
He
went
on
to
say
that
he
trusted
that
the
city
engineer
and
the
applicant's
engineer
are
going
to
be
able
to
build
a
stable
subdivision.
Q
As
for
the
lack
of
substantial
evidence,
mr
moser
suggests
that
the
commission
decision
was
not
supported
by
all
of
the
substantial
evidence.
In
the
record.
He
mentions
that
the
public
works
engineer
did
not
have
enough
time
to
analyze
the
new
geotechnical
information
during
the
hearing
and
provide
revised
comments.
In
fact,
there
was
no
geotechnical
information
provided
by
the
appellant,
only
an
opinion
letter
from
mti
with
no
supporting
technical
documents
in
the
mti
letter.
Q
In
the
mti
opinion
letter,
there
is
no
mention
of
or
recommendation
to
relocate
the
access
road
to
the
west
side
of
the
project.
However,
mti
does
recommend
a
no
water
zone
and
also
lists
several
recommended
elements
that
should
be
evaluated,
including
handling
of
surface
and
subsurface
storm
water
changes
in
loading
and
slope
stability.
Q
We
disagree
with
the
recommendation
in
that
there
is
not
sufficient
evidence
that
the
commission
acted
in
error,
arbitrary
or
capriciously,
and
we
do
not
agree
that
there
was
information
provided
that
required
more
detailed
evaluation.
You,
the
council,
are
well
aware
that
if
no
error
was
made
by
the
commission,
pnz
decision
can't
be
modified.
Q
That
should
take
care
of
almost
all
of
the
concerns,
as
it
relates
to
serious
runoff
toward
this
west
slope.
In
addition,
we
agree
to
provide
a
five
foot
wide
xeriscape
water
zone
along
the
same
west,
finish
ridge
line
to
address
concerns
made
we
go
regarding
over
watering
of
landscaping
a
zero
xeriscape
landscape
can
be
provided
that
would
minimize
water
usage
and
protect
the
steeper
west
slope.
These
can
be
added
as
plant
notes
notes
in
the
ccnr's
to
give
the
city
a
hammer
in
order
to
make
sure
that
these
are
adhered
to.
Q
We're
strongly
opposed
to
the
revised
public
works
letter
that
recommends
the
relocation
of
the
east
access
roadway
to
the
west
side
of
the
lot.
For
the
following
reasons,
significant
grading
will
be
required
to
relocate
this
access,
which
will
result
in
even
more
sight
grading
along
the
west
slope
than
is
proposed
with
the
current
plan.
Q
It's
our
opinion
that
this
provides
for
the
best
protection,
as
is
recommended
by
all
west
our
geotechnical
engineer.
The
presence
of
all
of
these
underground
utilities
should
not
be
placed
along
the
west
side
of
the
lots
and
west
ridge
line,
but
should
be
located
on
the
east
side
of
the
lots
within
the
existing
access.
A
D
Madam
mayor,
yes,
thank
you
dave,
so
if
I'm
hearing
you
right,
what
you're
saying
is
that
relocating
the
roadway
to
the
west
side
of
the
lot
would
actually
cause
disturbance
on
the
west
side
that
might
destabilize
it
and
that
leaving
it
where
it
is,
would
ensure
that
any
underground
digging
would
occur
on
the
east
side,
which
apparently
is
the
more
stable
side
of
the
slope
as
I'm
reading
these
documents
is
that
that's
one
of
your
points.
D
And
then,
secondly,
you're
suggesting
that
you
do
slope
all
building
lots,
two
percent
to
run
off
to
the
east
and
collect
our
all
yard
and
hard
surface
runoff
on
the
east
portion.
Q
Madam
mayor
council,
member
clay,
that's
correct
that
that
is
typically
done
on
these
types
of
projects,
but
where
we
have
the
access
on
the
east
and
we'll
be
able
to
collect
that
storm
water,
we
kind
of
we
kind
of
win
two
ways
number
one.
We
grade
positively
to
our
collection
point
number:
two:
we
protect
this
west
slope.
D
Okay
and
then
third
you're
suggesting
a
five
foot:
xeriscaped
no
water
zone.
On
the
other
hand,
the
wooey
defensible
space
has
to
be
30
foot.
So
I'm
wondering
on
that
5
foot
xeriscape
zone.
Are
you
still
proposing
that
that
land
be
within
the.
Q
Madam
mayor
council
member
clegg,
it's
our
intention
to
have
that
five-foot
xeriscape
be
begin
at
the
edge
of
the
flat
pad
and
extend
into
the
lot.
So
yes,
in
fact
that
does
occupy
a
certain
portion
of
the
of
the
defensible
space,
but
what
they
would
be
planting
in
that
xeriscape
is
would
be
totally
in
compliance
with
the
planting
requirements
of
the
wui
and
and
we'd
we'd
be
having
to
submit
that
more
than
likely
to
the
fire
department
for
review
and
approval
as
well.
Q
Q
Madam
mayor
councilwoman
clay,
I
believe
that
we
could
consider
that,
so
what
you're
suggesting
is
from
the
west
property
line
all
the
way
to
and
five
foot
into
the
lot.
That
would
be
a
common
lot.
D
Yes,
so
that
the
xeriscape
is
not
part
of
the
private
lot,
but
is
actually
would
have
rules
and
regs
around
it
subject
to
the
hoa
rules
and
regs
about
how
to
take
care
of
it.
Q
Madam
mayor
councilwoman,
craig,
where
we
are
murdered
on
this
project
in
doing
that
is
in
the
setbacks
that
are,
that
would
result
and
those
setbacks
pinch
these
lots
so
tightly
that
you're
almost
not
left
with
a
reasonable
building
pad
for
this
type
of
of
home
site.
A
And
it
looks
like
we
have
one
member
of
the
public
signed
up
in
advance
to
testify
nobody's
in
the
room,
so
I'll
go
to
the
online
person.
Jeff
cronenberg,
jeffrey
cronenberg,.
G
R
My
name
is
jeff
cronenberg
I
live
at
1059.
L
pilar
drive
this
subdivision
directly
on
the
other
side
of
cartwright
road.
I
met
our
mayor
and
city
council
members.
I
would
like
to
testify
in
support
of
the
appellant
I've
lived
in
this
area
for
17
years.
I've
walked
every
single
ridge
out
there
in
that
area.
R
R
I
share
the
concern
about
erosion
and
it's
very
steep
in
that
particular
area
where
there,
where
the
four
lots
are
going
to
be
put
in
place,
the
erosion
would
be
caused
by
you
know
physical
activity
or,
as
it
was
mentioned,
irrigation
and
by
the
way
I
also
do
xeriscape
myself
and
xeroscape.
A
lot
of
times
requires
a
small
amount
of
water
just
to
get
the
plants
started.
R
I
have
seen
erosion
and
other
places
along
that
ridge.
I
in
some
of
the
paperwork
it
was
claimed
there
was
no
erosion
up
on
arrowhead,
but
on
some
of
the
houses
that
are
located
right
on
the
ridge
line.
There
is
some
erosion
that
goes
down
into
the
highlands
hollow
area,
so
there's
just
a
lot
of
sand
in
the
area
and
unstableness,
and
there
is
sloughing.
That
is
a
concern
in
that
area,
so
that
those
are
my
main
concerns,
and
I
so
I
do
support
the
appeal
of
zwj
properties.
R
I
am
concerned
once
they
get
construction
growing.
I
hope
that
they
would
respect
the
residents
of
el
palar
and
not
do
construction
too
early
in
the
morning
or
too
late
in
the
evening
because
of
the
noise
I
do
want
to
throw
in.
I
know
it's
a
done
deal
as
far
as
the
the
subdivision
itself,
but
a
lot
of
us
do
have
concerns
about
the
impact
on
cartwright
road
cartwright
road
has
become
very
congested
recently.
R
There's
a
lot,
there's
rampant,
speeding
currently
on
cartwright
road.
In
addition,
it
was
mentioned
in
the
paperwork
that
there
is
a
gravel
water
containment
system
with
a
rock
check
dam,
and
I
just
want
to
go
on
record
as
saying
that
that
is
that
is
actually
not
fully
effective
and
when
there's
heavy
rains
there
are
problems
with
gravel
and
dirt
and
other
water.
A
D
Can
I
ask
a
question
of
staff?
Madam
mayor?
Yes,
thank
you
david,
so
just
confirming
that
the
layouts
as
they
exist
now
there
would
be
a
30-foot
setback
from
that
western
property
line
as
a
rear
yard
setback.
D
If
the
roadway
were
on
the
east
and
if
the
roadway
were
on
the
west,
the
house
could
actually
be
the
the
front
yard
setback
is
less
so
the
house
would
I'm
just
trying
to
trying
to
confirm
that
if
the
layout
stays
the
way
it
is
today
that
the
front
yard
would
be
considered
to
the
east
and
the
30-foot
setback
would
be
from
that
western
boundary.
Is
that
correct.
O
Members
of
the
council,
a
majority
of
these
are
flag
lots.
So
in
a
flyglot
situation,
the
the
developer
has
the
opportunity
to
choose
which
way
their
front
is
because
it
doesn't
really
have
direct
street
frontage.
D
And
could
you
put
the
suggested
condition,
and
I
did
not
ask
mr
powell
this
question
about
the
grading
backup
your
suggested
when
you,
when
you
gave
your
staff
report,
you
said
you
recommend
that
we
uphold
the
appeal
but
attic
and
by
adding
a
condition,
could
you
put
the
language
of
that
back
up,
because
I
did
not
write
it
down?
I
can't
remember
it.
A
D
A
A
Okay,
well,
since
he's
a
principal,
that's
fine
too,
so
we're
gonna,
we'll
take
those
two
public
comments
and
then
I'm
actually
gonna
have
the
applicant
go
first
in
his
rebuttal
and
then
clark
will
go
as
the
appellant.
Second,
so
stephen
holmes.
S
Yeah
stephen
holmes,
3610
north
sonata
way,
boise,
idaho
83702
again,
I
live
on
the
east
side
of
the
proposed
property
proposed
project
after
watching
everything
today,
I
just
want
to
refocus
the
council's
attention
to
these.
I
guess
I
call
them
retaining
walls
that
were
required
to
be
installed
at
the
base
of
this
slope.
T
T
Zeke
johnson
correct:
can
you
hear
me?
Yes,
very
well,
zeke
johnson,
my
name
is
zeke
johnson.
My
address
is
2208
north
19th
street
boise,
idaho
83702,
I'm
here
to
some
degree
on
behalf
of
our
subdivision
owners
association.
I
just
serve
as
the
president
and
I
was
the
developer
of
the
windhalla
subdivision,
so
I'm
very
familiar
with
the
slope,
stability
issues
and
the
catchment
walls
that
were
installed
again.
T
First
thing
I
want
to
do
is
just
make
clear:
we
support
this
development
chris
and
barb
kind
of
talked
to
me
about
it
when
they
first
decided
to
sell
and
we
so
we
knew
it
was
going
on.
We
expected
it.
Our
only
purpose
here
is
to
make
sure
that
this
project
doesn't
adversely
impact
our
subdivision,
as
you've
heard
we
had
to
design
and
install
these
engineered
catchment
walls,
which
are
quite
extensive.
T
T
Another
thing
I
want
to
point
out
at
the
pnc
hearing,
the
applicant
of
the
loney
hills
development
made
repeated
comments
that
there
was
no
damage
to
the
existing
steep
slopes,
and
I
I
just
wanted
to
to
clarify
that,
because
it
was
used
to
somewhat
as
a
form
of
justification
against
further
protective
measures.
T
And
I
want
to
take
a
minute
to
just
explain
our
concern
a
little
bit.
More
and
first,
let's
talk
about
the
soils
and,
as
was
mentioned,
you
have
a
really
stable,
sandstone
layer
and
some
soft
soils
on
top
and
what
happens
is
water
infiltrates
through
the
loose
soil
and
it
gets
to
the
stone
layer,
the
sandstone
layer
and
then
it
just
drains
along
that
and
over
time
it
creates
a
weak
plane
and
then
what
happens
is
that
leads
to
sloughing
and
given
the
steepness
of
the
slopes,
it's
really
all
but
guaranteed
that
sloughing
will
occur.
T
Now
the
suggestion
by
public
works
to
move
the
road
we
feel
like
adds
a
good,
hard
surface
barrier
to
move
the
water,
the
other
direction
and
then
it
it
will
cause
residents
not
to
want
to
landscape
and
water
that
front
side
which
no
one's
going
to
police.
As
we
mentioned
it,
there
is
a
I
totally
agree:
there's
a
minimal
amount
of
additional
asphalt,
paving
work
and
some
utilities,
but
the
utilities
can
still
come
in
on
the
east
side
of
the
homes.
We
don't
have
to
bring
the
water
line
up
the
roads.
T
Q
Sorry
about
that
had
to
hit
the
mute
we
we,
we
understand
the
concerns
of
the
appellant
and
we
we
we
do
want
to
find
a
compromise.
A
few
things
that
I
want
to
make
sure
gets
on
the
record.
The
oney
hills
subdivision
is
a
subdivision
that
was
created
in
the
early
2000s.
Far
before
the
wind
hollow
project
was
was
created,
the
wind
hollow
project
went
through
the
same
type
of
requirements
that
we
did.
They
had
a
geotechnical
report
that
was
created
in
approximately
2015
and
then
in
2017.
Q
Two
years
later
was
an
opinion
and
and
a
modification
to
that
report
that
dealt
with
the
sloughing
soils
and
I'm
assuming
that's
about
the
time
that
they
were
required
to
put
in
a
half
a
million
dollars
worth
of
retaining
walls.
Those
retaining
walls
were
put
in
specifically
to
protect
against
sloughing,
regardless
of
whether
it
was
one
lot
up
on
top
of
the
hill
or
four
lots
or
fifteen.
Q
Those
retaining
walls
are
in
place.
Now
they
also,
even
with
the
project,
cut
into
the
toe
of
these
slopes,
to
create
the
building
pads
that
exist
at
the
bottom
of
the
slope.
Q
Q
This
probably
doesn't
have
any
science
behind
it,
but
if
you
could
zoom
in
on
that
hillside
and
all
the
hillsides
surrounding
it,
there's
tens
of
thousands
of
gopher
holes
that
live
in
that
upper
one
to
two
foot
of
slope,
and
yet
there's
no
destabilization
from
all
of
that.
All
of
that
constant
digging
and
pushing
out
of
soils-
I
just
I
just
offer-
offer
that
up
as
as
a
kind
of
a
testimony
that
there
may
be
signs
of
a
little
minor
sloughing
on
at
one
location
along
this
slope.
Q
But
these
slopes
are
very
much
consistent
with
the
slopes
all
through
this
portion
of
the
foothills.
The
slopes
of
sim
plots
el
pilar
the
hackberry
projects
that
I've
been
involved
with.
They
all
have
the
same
type
of
sloughing
that
goes
on,
but
that
sloughing
is
not
catastrophic.
Q
It's
very
localized
and
generally
generally
does
not
result
in
global
instability
of
the
slopes
and
with
that
I'll
I'll
close.
D
Last
question:
I
think,
you'd
agree
that
you
also
want
to
protect
the
stability
of
the
slope
along
the
west
property
line.
Is
that
true.
Q
Madam
mayor
councilwoman
clegg,
that
is,
that
is
correct.
Thank.
P
P
So,
let's
focus
on
what
actually
is
in
the
record.
Mti
indicated
that
it
had
concerns
about
slope
stability
in
this
area.
Mti
indicated
that
there
should
be
a
no
water
zone.
Mti
did
not
have
to
propose
the
driveway
solution.
That's
that's
a
red
herring.
We
proposed
the
the
driveway
solution
because
it
satisfied
what
mti
had
had
proposed
and
the
way
it
does
it
is
to
move,
is
to
create
a
hard
surface
barrier
that
can't
be
landscaped.
P
Our
concern
with
the
five
foot
proposal,
which
we
weren't
aware
of
until
today,
is
that
it
just
isn't
meaningful
to
address
the
issue
which
is
watering.
You
know
the
you
know
the
the
gophers
are
not
going
to
be
out
there.
Watering
lawns
with
much
love
to
dave,
but
the
the
watering
of
the
landscaping
is
is
the
issue
that
will
create
the
problem.
We
think
that
the
driveway
solution
solves
it.
Your
public
works
group
researched
this.
P
P
J
And
mayor
I've
got
a
question
for
staff
council
member.
Thank
you.
So
I
am
certainly
having
some
difficulty.
As
it's
been
stated,
a
couple
of
times
designing
any
of
this
stuff
from
the
diocese,
and
I
guess
my
question
for
staff
is:
are
there
additional
tests
and
studies
that
could
be
done
to
better
guide
what
the
most
stable
and
the
most
the
most
sensible
option
is
here
and
then
I
guess
the
second
question
is:
will
there
be
additional
tests
and
studies
that
do
that
anyway?
So
like
do?
J
C
Madam
mayor
council
members,
yes
to
answer
your
question:
there
will
be
additional
studies,
so
in
the
the
documentation
for
the
hillside
technical
guidance
manual.
The
geotechnical
report
is
a
preliminary
report.
It
kind
of
gives
the
overview
they
do
some
test
pits
and
borings.
The
final
report
is
a
little
bit
more
robust
and
may
require
additional
testing.
C
C
That's
kind
of
a
given
with
most
of
these
hillside
developments,
this
one's
going
to
be
a
little
bit
tough,
because
the
majority
of
the
slope
is
on
private
property.
So
it's
going
to
be
tough
for
this
developer,
to
get
onto
zeke's
property
and
do
that
kind
of
testing
on
the
slopes
that
are
technically
on
his
land.
C
They
can
probably
make
some
assumptions
based
on
the
soil
types
and
and
the
probably
on
their
side
of
the
slope,
but
it
but
it
can't.
It
will
happen
that
the
additional
testing
will
occur
all
right.
Thank
you.
D
Do
the
additional
does
the
additional
condition
that
you're
proposing?
Would
it
go
on
the
grading
permit
or
on
the
subdivision.
O
Madam
mayor
members
of
the
council,
I
I
would
suspect
the
be
a
specific
site
condition
for
the
for
the
grading.
Although
the
two
are
are
linked.
D
The
pads
themselves
be
graded,
with
a
two
percent
slope:
to
run
off
to
the
east,
to
collect
all
yard
and
hard
surface
runoff
that
a
five
foot
no
water
zone
be
established
along
the
top
edge
of
the
ridge
and
that
at
final
plat,
the
developer
come
back
to
us
with
conditions
that
will
ensure
that
that
five
foot
zone
actually
is
not
watered.
D
Second,
thank
you.
So
just
a
little
bit
of
of
illumination,
obviously
the
protect
the
slope
along
the
western
property
line
is,
I
think,
something
everyone
agrees
on.
D
D
Setting
that
rear
setback
as
the
western
would
get
the
buildings
as
far
from
the
western
slope,
as
we
can
either
direction
that
the
grading
so
that
the
runoff
all
goes
to
the
east,
I
think,
is
only
sensible-
and
I
specifically
did
not
say
xeriscaping,
because
I
believe
that
that
five
foot
strip
should
probably
be
gravel,
but
should
not
be
something
that
has
water
on
it.
And
I
will
leave
it
to
the
subdivision
process
between
this
preliminary
platinum
and
the
final
plot
to
determine
how
that's
accomplished.
I
I
want
to
thank
council
president
clegg
for
so
succinctly
figuring
out
a
good
solution
for
this.
I
think
that
it's
a
solution
that
takes
care
of
a
lot
of
people's
concerns
very
valid
concerns
about
erosion.
We've
been
as
a
city
very
careful
about
hillside
lots.
I
know
because
of
some
applications
in
my
own
neighborhood
that
have
gone
through
the
ringer,
so
I
think
that
this
is
a
great
way
to
ensure
that
we're
preserving
our
hillside
slopes
and
also
allowing
some
additional
residential
development.
So
thank
you.
E
Madam
mayor,
I
also
agree
with
the
choices
that
were
set
forth
by
council
member
clegg.
I
think
I
only
had
a
few
of
those
and
you
included
some
additional
ones
that
I
think
are
really
good
and
get
to
where
we
need
to
be
and
I'll
be
supporting
the
motion,
I
guess
outside
of
the
displacement
of
thousands
of
gophers.
I
support
this.