Planning commission recommends rezoning, approves variance for Paper Birch townhomes at 396 E. Linden amid neighborhood opposition

A majority of the Boise City Planning and Zoning Commission on Thursday recommended City Council rezone two parcels at 396 East Linden Street from R‑1C to MX‑1 and approved a subdivision preliminary plat, and separately approved a variance to deviate from certain streetscape and access requirements along Linden Street.

The development proposal, submitted as CAR‑24‑8 (rezone), CVA‑24‑28 (variance) and SUB‑24‑26 (preliminary plat), would create a mixed project with a small mixed‑use building containing 13 residential units above two ground‑floor commercial spaces and roughly 31 townhomes across about 1.85 acres. Planning staff recommended approval of the rezone and the variance along Linden Street while recommending denial of a similar variance for Gettysburg Street. The commission voted to approve the variance and to recommend the rezone and preliminary plat to City Council.

Why it matters: the parcels sit across from Timberline High School and near White Pine Elementary and lie along Linden Street, a busy collector where residents and school officials raised safety, parking and traffic concerns. Neighbors also pressed the city for stronger safeguards around demolition of old structures on the site, citing asbestos, lead and well‑water contamination risks.

Planning staff presentation and recommendation Jesse Lyle, senior planner with Boise City planning staff, told commissioners the application proposes rezoning about 1.14 acres to MX‑1 and a preliminary plat for 32 buildable lots plus one common lot across 1.85 acres. She said the proposed project would result in a development density near 24 units per acre and that, under the MX‑1 rules, the mixed‑use building could reach up to 45 feet in height while the existing R‑1C zone allows up to 40 feet.

"In conclusion, the planning team recommends approval of the rezone, the variance to the streetscape and access and connectivity standards along Linden Street, and the preliminary plat," Lyle said. She added staff did not find a hardship to support a streetscape variance along Gettysburg Street and conditioned approval on installation of a 5‑foot detached sidewalk along that frontage.

Applicant response Ian Hoffman, representing the applicant and design team, said the applicant "is in complete agreement with the city's findings" and described the design as a transitional infill project intended to provide a mix of housing types near services and schools. Hoffman said the townhomes would include two‑car garages and that the design team worked with the Ada County Highway District (ACHD) and the school district on pedestrian and access issues. He said the applicant is willing to discuss traffic‑calming measures.

Neighborhood and public testimony Eric Berg, speaking for the Southeast Neighborhood Association, said the association "voted unanimously to oppose the rezone" or to require a development agreement if the commission approves it. Berg said the community's principal concerns are traffic and the project’s potential to convert a quiet residential connector (Gettysburg) into a cut‑through used by development traffic, particularly during school drop‑off and pick‑up.

More than a dozen nearby residents and property owners testified in person and online. Common concerns included traffic and pedestrian safety near the two schools, potential contamination from demolition, the scale and character of three‑story townhomes near one‑ and two‑story homes, and parking adequacy for the mixed‑use building and guest vehicles. Examples of testimony: - Zach Rowland (322 E. Gettysburg St.): raised health concerns about demolition dust and said, "we will ... hold the city responsible for any hazards that we find." - Kristen Beck (300 W. Iowa St.): urged the commission to consider the project's effect on pedestrian safety near schools and said the development would add vehicle trips on a block she called already dangerous to cross. - Jason Watby (2923 S. Holden Ave.): said the development would increase stormwater pollutant risk and expressed concern that nearby private wells could be affected.

Traffic, parking and ACHD role Staff and ACHD materials noted the proposal will increase trips but did not meet ACHD thresholds requiring a traffic impact study. During Q&A staff said ACHD typically requires a traffic study for developments of more than 100 dwelling units or large commercial/industrial projects; the commission was told the highway district concluded the adjacent roadways can meet level‑of‑service thresholds and that Linden Street is scheduled for future streetscape improvements in ACHD's integrated five‑year work plan.

Sidewalks and the variance The planning team supported a variance to allow an attached 7‑foot sidewalk along Linden because ACHD's concept plan for Linden (included in ACHD's five‑year plan) calls for a coordinated streetscape; staff said installing detached sidewalk now could force duplicative work if ACHD installs a different cross‑section later. Staff recommended denial of the variance along Gettysburg and required a detached 5‑foot sidewalk there.

Commission action and conditions On the variance (CVA‑24‑28) the commission approved the planning staff recommendation; the motion and vote approved the variance and attached the staff's recommended conditions. For the rezone (CAR‑24‑8) and preliminary plat (SUB‑24‑26) the commission voted to recommend approval to City Council with the conditions in the staff report and an added direction that the applicant explore additional traffic‑calming measures for the internal access alleys to help reduce cut‑through traffic.

What is not decided and next steps The rezone and preliminary plat are recommendations to City Council; final approval of those entitlements rests with council. The variance decision is final at the commission level but can be appealed to City Council. Demolition permits, asbestos/lead remediation and building permits would follow separate processes and are regulated by state and federal agencies; planning staff told the commission environmental cleanup and well abandonment are outside the planning review and fall under Idaho Department of Environmental Quality (DEQ), the U.S. Environmental Protection Agency and the Idaho Department of Water Resources.

Clarifying details - Proposed build: a mixed‑use building with two small commercial spaces and 13 residential units above, plus about 31 townhomes across the site; townhomes proposed with two‑car garages. (staff/applicant) - Density: approximately 24 units per acre overall as proposed (staff). - Parking: staff reported a required 17 parking spaces for the mixed‑use building under code calculations; each townhome would include garages (applicant/staff). - Sidewalks: staff recommended approval of a variance for an attached 7‑ft sidewalk on Linden (because of ACHD's planned cross‑section) and denial of the attached sidewalk variance for Gettysburg (conditioned to require detached 5‑ft sidewalk). - ACHD thresholds: staff noted ACHD typically asks for a traffic impact study only for developments above roughly 100 dwelling units or large commercial uses; ACHD determined a TIS was not required here.

Speakers (selected): Jesse Lyle, Boise City planning staff (project planner); Ian Hoffman, applicant/design team; Eric Berg, Southeast Neighborhood Association board member; Zach Rowland (resident); Kristen Beck (resident); Jason Watby (resident, property trustee); Alex Abels (resident); Rachel Southern (property owner); Steve Viles (resident); Samantha Gomez (resident); Terry Gardner (resident); Dasha Abels (resident); Eric Wilkes (resident, online). All direct quotes in this article are taken from testimony in the public record.

Why commissioners approved the recommendations Commissioners who voted in favor cited the city's modern zoning intent to concentrate new housing where services and schools already exist, the relatively small height difference between R‑1C and MX‑1, neighborhood transition standards in the code that would limit impacts, and ACHD's acceptance of the roadway concept. Commissioners also attached a direction to the applicant to explore traffic calming for the private/service alley to reduce incentive for cut‑through traffic.

What neighbors said they will do next Opponents said they plan to continue outreach and monitoring, raise demolition concerns with state and federal regulators, and press City Council during their review. The rezone and preliminary plat go next to City Council for a public hearing and final decision.

Votes and formal actions (summary) - CVA‑24‑28 (variance to access and streetscape requirements along Linden): approved by the Planning and Zoning Commission with conditions as described in the staff report; final action at commission level. - CAR‑24‑8 (rezone to MX‑1) and SUB‑24‑26 (preliminary plat): commission recommended approval to City Council with staff conditions and a direction to consider additional traffic‑calming measures in the internal alley; council will hold a public hearing and a final decision.

Ending: The commission's decisions shift the matter to City Council for final consideration of the rezone and preliminary plat while leaving a variance outcome in place for the applicant to act on as they proceed toward permits and construction. Neighbors said they will press for stricter demolition controls and monitor ACHD's schedule for Linden improvements as the project moves forward.