Boise City planning commission recommends approval of minor downtown development agreement change, reducing units from 69 to 68

The Boise City Planning and Zoning Commission on Monday recommended approval of CAR 26-4, a modification to the development agreement for a mixed‑use project at 200 North 4th Street that reduces the project's residential count from 69 units to 68.

Madison Lockborn of the planning staff summarized the request and told the commission the proposed change is minor, keeps the five affordable units required by the agreement, and complies with the development code. "The proposed change . . . reduces the required amount of residential units in the project from 69 to 68," Lockborn said during the staff presentation, and the planning team recommended approval.

The developer's representative, Ryan Cutler, chief development officer for Allred Development, told the commission the change responds to a buyer's request to combine two units on the building's ninth floor into a single larger unit. "Somebody wants to buy two units and convert it into one," Cutler said, explaining the internal wall would be removed but the building's exterior and square footage would not change. Cutler said the project is nearing completion and the development team expects the sale to proceed.

Commissioners asked whether the MX5 zone imposes minimum or maximum residential counts; planning staff replied that MX5 contains no residential minimum or maximum for the site. Commissioner Moore cited the staff report and staff confirmed that the MX5 zone does not require a minimum number of units. Commissioner Torres pressed whether approval would create an open‑ended ability to reduce units repeatedly; Cutler said any further reductions would require returning to staff and the commission and would likely involve construction changes.

Two members of the public spoke in opposition. Cindy Sheffield said she has followed the project and opposed repeated changes over time, stating she worries the developer keeps altering plans. "They made changes to the boundary line . . . they made changes to the number of units. Now they're making changes to the units again," Sheffield said. Mark Sheffield asked whether reducing one unit would reduce tax revenue to the city; the applicant replied in rebuttal that the combined unit's taxable value would be similar to the two smaller units and that there should be no tax loss from the modification.

Commissioner Seha moved to recommend approval of CAR 26-4 — described in the motion as a modification of a development agreement on approximately 1.19 acres in an MX5 development agreement zone with the conditions in the staff report — and Commissioner Torres seconded. After brief comments in support from multiple commissioners, the clerk called the roll; the motion carried unanimously among those present (Danley, Moore, Sayah, Torres, Stone, Stipanovic).

The commission's action was a recommendation consistent with the staff report. Under the hearing procedures stated at the meeting, decisions may be appealed to the city council if an appeal is filed within 10 days of the hearing. No further action was taken at the commission meeting.