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Council approves modification cutting minimum units for downtown development from 100 to 69 after public comment

2085342 · January 8, 2025
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Summary

The City Council approved a developer’s request to amend a development agreement for a downtown mixed-use project, reducing the minimum residential-unit requirement to 69; the decision followed extensive public testimony urging retention of 100 units and preserving rental stock.

Boise — The Boise City Council voted to approve a modification to a development agreement that reduces the minimum required number of residential units on a downtown mixed-use site from 100 to 69.

The request — filed as CAR 24-17 — sought a single change to an existing development agreement for a project approved in 2020 in a downtown MX-5 DA zone. Planning staff told council the modification does not change the project’s approved height, massing, exterior design, parking supply, or the mix of retail and office uses. The developer’s representative said the change reflects market conditions and a decision to construct a majority of units as for-sale condominiums while retaining five units dedicated for households using Housing Choice Vouchers.

The item drew extensive public comment. Dozens of neighbors and downtown residents urged council to deny the modification, saying reducing the unit count by roughly one-third would remove rental housing that could help ease local affordability pressures. Speakers described the neighborhood as one where residents chose to live because of higher density and said the change would make the project less likely to relieve local rental demand. Supporters of the modification, including the applicant’s counsel, said the site will go from zero housing (surface parking) to 69 units and argued the project remains a significant addition of housing and street-level retail.

Council discussion revisited the project’s approval history: the original 2020 approval reduced a taller proposal’s height to address neighborhood concerns. Staff noted that changes to the city’s zoning code since 2020 mean a similar application submitted today would be governed by MX-5 rules that do not limit height, parking requirements, or unit mix; the development agreement therefore remains the controlling document for what is permitted on the site.

The applicant said the project will continue to provide five units set aside for Housing Choice Voucher tenants as required by the original agreement; the applicant also stated the project’s parking (reported during the meeting as approximately 470 stalls) and exterior design will not change. The city’s planning team recommended approval; the Planning and Zoning Commission had recommended approval at its December hearing.

Council voted to approve the DA modification. The motion was made from the dais and seconded; a roll-call vote followed and the city clerk announced the motion carried.