Planning commission recommends removing Warm Springs historic-design overlay for three East Lewis parcels

The Boise City Planning and Zoning Commission voted unanimously to recommend that City Council remove a Historic Design Overlay (HDO) from three parcels at 1312, 1328 and 1334 East Lewis Street (file CAR25-13), a change the planning team said will not alter the sites’ underlying R‑1C zoning or density allowances.

Planning staff presented the application as a zoning map amendment to remove the HDO on roughly 1.05 acres that had been split off from a larger property and no longer front Warm Springs Avenue. Planner Matt Dennis told the commission the overlay historically applied to lots oriented to Warm Springs Avenue with contributing structures and access to geothermal lines; the three subject parcels now take access from East Lewis, Dennis said, and “no change in the density allowance, building height, and all other zoning standards” would result if the overlay is removed.

Applicant Dan Gibbons told the commission the overlay controls design review only and “does not restrict or permit multifamily development.” He said the three lots are under contract and that the buyer plans a lot consolidation to convert three lots into two, a change the applicant said would reduce, not increase, density.

Neighbors and property owners urged the commission to clarify protections for mature street trees and curb cuts. Helen Stoll, who lives at 1365 East Lewis Street, asked the commission to condition any approval on preservation of mature street trees and noted the Parks and Recreation Department’s Sept. 10 letter expressing concern about protecting tree root structure if detached sidewalks or new curb cuts are proposed. Carrie Ellen Elliott (1309 East Lewis Street) said removal of the overlay eliminates a layer of public design review and asked how driveway placement and garage orientation would be addressed. Rosie Rutia (1188 East Lewis) described the street’s mature trees as a defining neighborhood feature.

Property owner Ken Weitemeyer spoke in favor of the applicant and said he paid $137,500 to install the current sidewalk before securing building permits. Applicant Dan Gibbons said a city arborist inspected the trees, that the arborist described them as “trash trees,” and that the application does not propose removing any trees. He also said curb cuts and driveway locations will be handled through later permit reviews and that any specific driveway proposals will return to permitting review and public comment.

Staff and several commissioners reiterated that removing the overlay affects only the overlay layer on the zoning map, not the R‑1C base zone. City staff clarified that the zoning map amendment is the mechanism for adding or removing overlays; a “rezone” (a change to the underlying zone) is not proposed. Staff also noted that because some tree-removal review provisions function differently depending on whether the overlay applies, the overlay’s removal could affect what review is required for trees on private property (the commission was told trees in the public right of way are subject to different rules).

Commissioner Schaeffer moved to recommend approval of CAR25-13 “with all the terms and conditions in this report,” and Commissioner Moore seconded. The roll call vote recorded all members present voting in favor; the commission’s recommendation now goes to City Council for a final decision.

The commission’s action removes the requirement that a certificate of appropriateness under the HDO precede development on these parcels; building permit review and other applicable permitting and agency requirements (including ACHD driveway separation standards and Parks review where applicable) remain in force. Next steps are City Council consideration of the zoning map amendment and the accompanying major certificate of appropriateness, which staff said the Historic Preservation Commission has already recommended to council.