Boise council upholds planning commission, denies appeal to reduce Highlands development density

The Boise City Council on a 4-2 vote denied an appeal seeking to reduce density in a Highlands planned unit development, upholding the planning and zoning commission’s prior denial of the proposed modification. The appeal (CUP-25-16) would have converted remaining townhome lots into larger detached "patio homes," cutting the approved unit count by two from the current plan.

The council heard a staff presentation summarizing the project’s history: an original 2018 PUD approval included 17 units with townhomes and estate lots; a 2021 administrative modification reduced that total to 13; and a 2023 request to further reduce density was denied by the commission. Planning staff recommended that the council deny the appeal and uphold the commission’s findings, saying the modification would reduce housing diversity and remove a public benefit tied to the earlier approvals.

Applicant representative Deborah Nelson of the Lane Group argued the proposed change meets R-1B code standards and addresses market conditions that have prevented sale of townhome-configured lots. Nelson said the remaining patio-home product has buyers and is more compatible with the existing neighborhood’s heights and lot coverage, and she offered an additional amenity — a bike repair station — as part of the proposal. "We are asking you to modify that additional approval with a different housing concept," Nelson said, adding the modification would "meet the applicable criteria in your code."

Council debate focused on two tensions: (1) whether the city’s prior PUD incentives and variances should be preserved to protect the original intent of higher density and housing variety, and (2) whether current market realities and the applicant’s inability to sell townhome lots justify accepting a modest reduction in units now. Several council members said they were reluctant to reduce long-term unit capacity in a location the city had originally targeted for more compact housing. One council member argued that the issue before the council was largely economic: "This is strictly an economic phenomena," he said, noting that pricing, not zoning, can determine whether a product sells.

The council first considered a motion to approve the appeal, which failed on a 2-4 roll call. A motion to deny the appeal (thereby upholding the planning commission) then passed 4-2. The record shows council members Corliss, Halliburton, Morales and Sted voted in favor of denying the appeal; Willets and Nash voted against denial. The council chair closed the hearing after the vote.

By upholding the commission’s decision, the council preserved the existing approval framework for the Highlands PUD; the applicant may revise and return with other proposals but the de novo appeal to convert the townhome lots as proposed was rejected.