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Council approves Sun Smith Estate rezone and 22‑lot preliminary plat with development agreement and fence condition
Summary
The council approved a zoning map amendment to R1C and a preliminary plat for a 22‑lot single‑family subdivision (Sun Smith Estate) with a development agreement limiting lots to 22 and maximum height to two stories/35 feet; council also required perimeter fencing where none exists to address neighbor privacy concerns.
Boise City Council approved CAR 24-12 and SUB 24-35, a rezoning and preliminary plat that would allow the Sun Smith Estate subdivision to move forward as a 22‑lot single‑family development on approximately 3.34 acres at 2272 South 5 Mile Road. The vote was 5–1.
City planning staff recommended approval and described the site as within the Airport Influence Area A and designated Suburban on the future land-use map. Staff said the requested R1C zone is compatible with the comprehensive plan and that all proposed lots meet the R1C dimensional standards. Because the proposal includes construction of a public roadway stub that must extend to an adjacent parcel, the plans included a required temporary fire turnaround easement until the future public-road extension is completed.
The developer, represented by planner Nicolette Womack of Kimley‑Horn, said the project began in mid‑2024, went through neighborhood meetings, and was reduced from an earlier 27‑unit concept to 22 lots after community feedback. The applicant agreed to a development agreement tying the approval to the conceptual plan, limiting the project to 22 lots and limiting building height to two stories (35 feet) rather than the 40 feet allowed in R1C. The applicant also agreed to onsite requirements including sound‑attenuation easements required by the Airport Influence Area and a commitment to work with ACHD on roadway improvements.
Neighbors — including representatives of the Southwest Ada County Alliance and several long‑time residents — opposed the rezoning, urging consistency with existing R1B‑zoned lots in the area and asking for larger lot sizes, 20‑foot rear setbacks, and varied lot sizes to better match surrounding development. Neighbors said existing surrounding subdivisions have lot densities around 2 units per acre and expressed concerns about privacy, tree removal, and traffic at the 5 Mile Road access.
Council members who supported the project said it is a form‑based, single‑family infill project that is constrained by the necessary stub street and that the development agreement’s height limit and lot cap provide assurances to neighbors. The council added a condition of approval requiring perimeter fencing where no existing fence exists along the north and south property edges, to address privacy and edge conditions.
Votes at a glance: Motion to approve CAR 24-12 and SUB 24-35 with the development agreement and requirement of perimeter fencing — Passed 5–1.
Why it matters: The decision allows a form‑based single‑family infill subdivision to proceed in a part of southwest Boise that residents say is transitioning. The development agreement establishes fixed expectations (lot count, height) that will run with the land and provide clarity for future construction.
What’s next: The applicant will move forward with final plat and construction review processes, follow ACHD requirements for roadway construction and turnarounds, and show irrigation easements on final plats as required. The council’s added perimeter‑fencing condition will be handled at the subdivision‑final stage.
