TO: Mayor Lauren McLean and Boise City Council
FROM: Tim Keane, Planning and Development Services Director
DATE: 5/16/2023
RE: ZOA23-00001 – Zoning Ordinance Amendment of Boise City Code Title 11 and the adoption of a new Zoning Map.
CPA23-00001 - A Comprehensive Plan Amendment with text changes will also accompany the Zoning Ordinance Amendment to ensure the comprehensive plan accurately reflects the new zoning districts
The City of Boise proposes to amend Boise City Code - Title 11, also known as the Development Code, and the associated zoning map. In addition to the proposed code amendment, a comprehensive plan amendment is also proposed to ensure the comprehensive plan accurately reflects the new zoning districts.
TABLE OF CONTENTS
Page 2 Background and Summary
Page 2 The Proposed Applications
Page 2 Planning and Zoning Commission Hearing Summary
Page 5 Planning and Zoning Commission Recommendation to Boise City Council
Page 6 Action Letter from the April 24 through April 27, 2023, Planning and Zoning Commission Hearing
Page 8 Minutes from the April 24 through April 27, 2023, Planning and Zoning Commission Hearing
Page 883 Project Report provided to the Planning and Zoning Commission
Page 1,982 Public Comments submitted to the Planning and Zoning Commission after March 22, 2023
Page 3,746 Memo to Planning and Zoning Commission dated April 13, 2023
Page 4,757 Additional Public Comment Received after the Planning and Zoning Commission Hearing
The City of Boise Planning and Development Services Department acknowledges the ancestral, cultural, traditional, and unceded territory of the Shoshone, Bannock, and Northern Paiute people on which our land use and development decisions are made.
BACKGROUND AND SUMMARY
The City of Boise proposes to amend Boise City Code - Title 11, also known as the Development Code, and the associated zoning map. In addition to the proposed code amendment, a comprehensive plan amendment is also proposed to ensure the comprehensive plan accurately reflects the new zoning districts.
The project report (page 883) for the Planning & Zoning Commission provides the background and reasoning, the high-level overview, as well as the proposed ordinance language, the proposed zoning map, and the proposed redlined comprehensive plan.
THE APPLICATIONS
On February 27, 2023, the City of Boise formally submitted a request to modify Boise City Code - Title 11, also known as the Development Code, and the associated zoning map (ZOA23-00001). A comprehensive plan amendment to ensure the comprehensive plan accurately reflects the new zoning districts was also submitted (CPA23-00001).
A transmittal requesting comment was sent out to all neighborhood associations, partner agencies, and interested parties on February 28, 2023. The transmittal included an overview of the proposed changes, along with the complete Title 11 ordinance language, the proposed zoning map, as well as a redlined comprehensive plan identifying the proposed modifications. The request included a timeline to provide comment by 5:00 p m March 22, 2023 to be included with the project report and by 5:00 p m , April 20, 2023 to be received by the Planning and Zoning Commission
PUBLIC COMMENTS
Comments were received from neighborhood associations, partner agencies, and the general public until 5:00 pm on April 20, 2023, and were transmitted to the Planning and Zoning Commission for consideration.
Written comments continued to be received after the April 20, 2023 cutoff. Those comments were not transmitted to the Planning and Zoning Commission but have been received, catalogued, and will continue to be accepted until 5:00 p.m. on June 8, 2023 to be transmitted to the Boise City Council for consideration.
PLANNING AND ZONING COMMISSION HEARING SUMMARY
At the public hearing that was held from April 24 through April 27, 2023, the Planning and Zoning Commission heard a presentation from the Planning Director Tim Keane and oral testimony from 14 neighborhood associations and 139 individuals. The Commission also reviewed just under 1,200 written comments. Throughout the public hearing, the Commission heard approximately 10 hours of verbal testimony from the public and asked several questions of the public and city staff, as shown in the minutes.
The key topics that were discussed and deliberated included:
Planning & Zoning Questions:
• How were the conversion rules applied for the R-2 conversion of R-1C, R-1B, and R1-A land along Vista Avenue, State Street, and Fairview Avenue? This question was answered and resolved by the Planning and Zoning Commission.
• Why did the city choose on the proposed parking minimums? And are the ways to seek parking reductions or exceed the maximum amount of parking required? This question was answered and resolved by the Planning and Zoning Commission.
• How is bicycle parking calculated in the proposed code? This question was answered and resolved by the Planning and Zoning Commission.
• When can you build multiple units and ADU’s in the residential zones? This question was answered and resolved by the Planning and Zoning Commission.
• Are tiny homes included in the modern zoning code? This question was answered and resolved by the Planning and Zoning Commission.
• What are the approval criteria for the Conditional Use Permit? And has this criterion changed? This question was answered and resolved by the Planning and Zoning Commission.
• Why is the minimum height 4 stories to meet the Allowed Form criteria in the MX-3 and MX-4 zones? This question was answered and resolved by the Planning and Zoning Commission.
• When do we require improvements to be made as a development is constructed? Is it before construction, mid process, or at the end? This question was answered and resolved by the Planning and Zoning Commission.
• What are the affordability definitions and incentives? How are fees included? Are There are fees that are beyond the actual rental rates. This question was answered and resolved by the Planning and Zoning Commission.
• Should infrastructure come before density or vice versa? This question was answered and resolved by the Planning and Zoning Commission.
• What is the notification of approval procedures for administrative approvals? This question was answered and resolved by the Planning and Zoning Commission.
• How will the Hearing Examiner be implemented into the process? This question was answered and resolved by the Planning and Zoning Commission.
• Why are variance decisions the only process without an appeal? This question was answered and resolved by the Planning and Zoning Commission.
• Fences within the Wildland Urban Interface should be clarified and modified within the code to ensure materials are non-combustible and fencing is not required. This question was answered and resolved by the Planning and Zoning Commission.
• How do we approve 5G and wireless communication facilities? Is this consistent with what we implemented in 2021? This question was answered and resolved by the Planning and Zoning Commission.
• What is the procedure and timing for adopting the modern zoning code? When do we anticipate the modern zoning code will be implemented if City Council approves the code? This question was answered and resolved by the Planning and Zoning Commission.
• The code proposes a 20 second dwell time for off-premise electronic signs. Why has this changed from 8 seconds? This question was answered and resolved by the Planning and Zoning Commission.
• Is there an opportunity to add new gateway streets or additional gateway treatments into the code? This question was answered and resolved by the Planning and Zoning Commission.
• Are there proposed transitions from single-story homes in the R-1C zone? This question was answered and resolved by the Planning and Zoning Commission.
• How are condominiums and manufactured homes addressed within the code? This question was answered and resolved by the Planning and Zoning Commission.
• What are the compliance requirements for the proposed Transportation Demand Management (TDM) provisions? This question was answered and resolved by the Planning and Zoning Commission.
• Why has the minor land division process changed? This question was answered and resolved by the Planning and Zoning Commission.
• Are private water wells regulated by this code? This question was answered and resolved by the Planning and Zoning Commission.
• We currently review many applications with ACHD comments. Will this continue to occur with the new code and process? This question was answered and resolved by the Planning and Zoning Commission.
• How does the new code address enforcement, timeliness, and penalties? This question was answered and resolved by the Planning and Zoning Commission.
• What is the drive-through standards within the code? This question was answered and resolved by the Planning and Zoning Commission.
• How does the new code address the tree canopy? This question was answered and resolved by the Planning and Zoning Commission.
• Would neighborhood cafes have regulations regarding the sale of alcoholic beverages? This question was answered and resolved by the Planning and Zoning Commission.
• How has noticing changed for Type 1 and Type 2 applications? This question was answered and resolved by the Planning and Zoning Commission.
Planning & Zoning Commission Considerations for Boise City Council:
• Guidance to create an executive summary and user-friendly guide that explains the high-level changes included in the modern zoning code and includes before and after table of changes.
• The City Council should consider elevating Neighborhood Plans and how they fit into the review of development applications.
• Encourage staff to coordinate with Valley Regional Transit regarding their suggestions before going to council.
• Desire to quickly implement a performance dashboard to help decision makers understand the code’s performance and implementation. The dashboard should include several metrics that are analytical and measurable to view the City’s performance on various topics which could include incentives, new housing, how housing is distributed throughout the city in terms of equity, etc.
• Neighborhood Associations should be provided additional time beyond the 5 minutes that is proposed within the code. Commissioner Gillespie recommended 10 minutes while Commissioner Mooney recommended the Neighborhood Associations be given the same amount of time as the applicant or less.
• The Planning and Zoning Commission heard and read substantial public testimony regarding notification for Type 2 applications and is supportive of expanding notification requirements for administrative decisions, with the understanding that impacts to costs, staff time, and application processing should all be considered.
FOLLOW UP
Included in this memo is the public record for the proposed applications which includes the Planning & Zoning Commission Staff Report, agency comments, and the written public comments received to date.
The planning team will continue to compile and transmit public comments and any supplemental information to ensure the Boise City Council has the information needed to carefully consider each application Additional public comments will be batched and provided to the Council on a weekly basis. Staff anticipate transmitting to the Boise City Council supplemental information the week of May 29, 2023.
PLANNING AND ZONING RECOMMENDATION TO THE BOISE CITY COUNCIL
At the public hearing on April 24 through April 27, 2023, a motion was made by Commission Gillespie, with Commissioner Danley providing a second, to approve the proposed Boise City Code - Title 11, also known as the Development Code, the associated zoning map, as well as the proposed comprehensive plan amendment with the redlines and modifications outlined in the memo dated April 13, 2023.
The Commission voted unanimously to recommend approval of the proposed zoning ordinance amendment and the proposed comprehensive plan amendment to the Boise City Council.