The Cliffs' Blog

Sometimes in life, it takes years for circumstances to finally validate your vision. But I’m happy to say it has been worth the wait, as the Ada County Board of Commissioners last night unanimously approved the specific plan and the first preliminary plat for The Cliffs Planned Community.

When we embarked on this journey, I was told that the planning process for building a community of this scope and complexity was not for the faint of heart. Little did I know just how dead-on this assessment would turn out to be.

Our public outreach efforts for The Cliffs began nearly two years ago and our application was finally submitted and deemed complete in April 2006. Any ambitious project such as The Cliffs deserves careful scrutiny and Ada County took more than nine months to give it a thorough review. Reviewing bodies included the county planning staff, Planning and Zoning Commission and the Board of County Commissioners. Hundreds of people commented on the project and the county listened to their verbal and written testimony.

While the county has approved our planned community, much remains to be done to make The Cliffs a reality. The commissioners put in place a number of development requirements – all of which we agree with – and we will work diligently to ensure we meet these requirements so that we can begin building homes at The Cliffs at the earliest possible date.

Ada County has an established record of approving first-rate planned communities, including Hidden Springs, which the Urban Land Institute has recognized for superior planning. We expect The Cliffs, with its extensive environmental planning, will become a model for future development in Ada County and nationwide. We can’t wait to introduce you to The Cliffs!

In the meantime, have a happy holiday season!

I’m very pleased to announce we’ve passed the first of several major hurdles necessary for The Cliffs to become a reality. Tonight, the Ada County Planning and Zoning Commission voted to recommend approval of our planned community.

This was not a quick and easy decision for the commission. Ada County approved two other planned communities (Hidden Springs and Avimor) only after extensive examination and discussion. The county has recommended over 60 development requirements that we must fulfill prior to receiving the first building permit, from traffic mitigation to water treatment to centralized mail delivery - even an on-site alternative transportation kiosk. We concur these conditions are necessary and we support them.

Our next stop is the Board of Ada County Commissioners on Nov. 15, which has final approval. We expect the same fair and thorough examination we have received thus far. While critics of The Cliffs may question Ada County and its planning abilities, the county has experience overseeing successful planned communities and clearly scrutinizes proposals thoroughly.

Commissioner Frank Martin agreed The Cliffs has a long way to go before it’s finally ready, but he said it could become a national model for planned communities

“One way or the other, in the future, this land will be developed, because of the development pressures in this region,” Martin said. “I think this is a much better alternative than helter-skelter subdivisions. It’s a coordinated, integrated plan that preserves a lot of the character of the place and will actually enhance it.”

I'm pleased to announce the 4th District Court has made official Skyline's and Boise City's agreement to dismiss the lawsuit over the city's Area of Impact (AOI) expansion. You may recall the City aimed to expand its AOI to include the area where The Cliffs is currently being planned (see March 23 blog entry below).

The joint action to dismiss the lawsuit came after both Skyline and the City agreed to various terms, including: (1) the City has no jurisdiction over The Cliffs, (2) the City is not regulating any part of our development, and (3) the Foothills Policy Plan is only a guide an not an enforceable ordinance. These points are spelled out in the City's resolution approving its AOI application and in the City's regulatory takings analysis letter for that approval.

As shown by our ability to reach an agreement here, our relationship with the City has always been amicable. We've worked closely with many staff and elected officials over the decades and we are proud to have built many of Boise's neighborhoods.

In reaching this resolution with the City, we have confirmed, with the City's agreement, the important point that "the law in effect when an application is submitted governs." This quote is from the City Planning & Development Services' own statements from its regulatory takings analysis. As the City sets out in that letter, the land area for The Cliffs was outside the City's Area of Impact at the time the development application for The Cliffs' was submitted to and accepted by Ada County.

In other words, the County retains jurisdiction over this land and the County will evaluate The Cliffs' application. While the City is still proceeding with its efforts to expand its AOI, that should not affect The Cliffs. Overall, this is positive for The Cliffs and the public.

After much careful thought, Skyline has appealed Boise City’s decision to move forward on expanding its area of impact to include The Cliffs. As we argued during the P&Z hearings (and again at City Council on February 22) the city didn’t hold a public informational meeting within the required time frame or in the correct location as required by the Boise City Code. The city also failed to properly analyze whether its efforts amount to an illegal taking under the federal and state constitutions. In addition, the City exceeded its authority by attempting to control federal lands and proposing policies for land that is not yet within its area of impact. The Petition for Judicial Review filed today in 4th District Court objects to the legal, factual, and procedural flaws in the City’s proceedings.

This move brings us no joy. We would much rather focus our resources on more productive efforts. Likewise, we would much prefer to see the city focus its attention on the pressing needs within its city limits.

The city needs to take stock of what it’s doing – and how. Previous conversations, letters, and emails from city staff show the city resolved to include the area before initiating the Area of Impact (AOI) public process. They also reveal the effort to expand the AOI is really just a surrogate effort to stop The Cliffs.

This brings to mind Boise City’s application for Judicial Review of the County’s decision to approve the Avimor planned community. The city claims the Ada County Commission decided to approve Avimor in advance, violating their role as independent reviewers and decision makers. It’s astounding the city would claim that Ada County’s decision on Avimor was prejudged, when the County took more than six months to make a decision and sent the Avimor application back for months of revisions.

Aside from the legal arguments, there are other good reasons why the city should stop its efforts to control land outside its area of impact. Boise has its hands full with problems inside its city limits…the failed Boise Tower project… the failed library bond … the stalled Harris Ranch development … long-delayed urban renewal on the Bench … newly annexed areas that lack sewers and parks … inability to fund the detoxification facility … and on and on.

The city’s efforts to control land outside its jurisdiction threatens to derail the Blueprint for Good Growth. Earlier this month, the city of Star pulled out of the process, saying Boise’s efforts to control land outside its boundaries politicizes and discredits the BFGG process.

The Idaho Statesman put it well in a March 13 editorial when it said, ”…the city suggests it’s less interested in cooperating than in making sure growth in other jurisdictions is done Boise’s way.”

Boise must stop its misguided, misdirected and wasteful efforts to control land outside its boundaries and instead focus on the very real issues facing its taxpayers.

The Cliffs has now officially entered the government process. Minutes ago, we submitted our application to Ada County for a planned community development.

WHEW! The 400-plus page document represents more than two years of dreaming, planning, study, revision and public presentations. But this is really only the beginning.

In the coming months, county officials will conduct a rigorous review to ensure the application meets adopted codes. We will hold more public informational meetings and the county will schedule its own meetings and hearings.

The planned community process is more than just streets and plat lines. Among other things, we must justify the economic viability of the project and its ability to pay its own way for services.

These are not among the requirements of a typical subdivision. The goal of the planned community process, however, is to bring about a higher standard of development and the trade-off is certainly worth it. Our lead planner, Jim Heid, notes a planned community “offers the most practical, affordable and achievable chance to build without sprawl, given its potential to create large-scale, conserved open lands and sustainable modern infrastructure.”

The level of environmental stewardship and advanced infrastructure we are proposing has never before been attempted here. On behalf of the entire development team at The Cliffs, we look forward to working with officials and the public to make The Cliffs a model of environmentally and socially responsible development.

The Boise City Planning and Zoning Commission last night recommended the city extend its Area Of Impact (AOI) to include much of Hammer Flat, including The Cliffs. This maneuver is clearly meant to stop The Cliffs, which Mayor Bieter has repeatedly spoken against.

The city claims it wants to exert control over development here to protect and improve wildlife and ensure public access. These things are already underway with The Cliffs and we will provide a level of protection and access that far exceeds any government mandate.

The city says it wants to expand its area of impact to ensure sound planning, protect habitat and promote public recreational access, because its rules are more restrictive than the county’s. In truth, the city will be able to guarantee none of these benefits and has thus far relied on developer generosity and initiative for its successes elsewhere.

First of all, the current zoning of Hammer Flat is 1 unit per 40 acres. That would remain the same inside the AOI. That means landowners would legally be entitled, by right, to build 40-acre ranchettes and/or fence off the entire property. In addition, the current zoning does not provide for open space. All of Hammer Flat is currently buildable acreage. There is nothing the city could do to compel landowners to maintain wildlife habitat or provide access for hikers, climbers, bicyclists and paragliders. Forty acre home sites are the ultimate in suburban sprawl, each using a septic tank, individual well and putting up a fence to deny people and wildlife access to the land. That’s a future for Hammer Flat that no one wants to see.

The only leverage the city would have is if a landowner wanted to build more than 1 unit per 40 acres. Then, the landowner could negotiate with the city under the Boise Foothills Ordinance. In exchange for permission to build more homes, the landowner would have to cluster those homes, freeing up buildable land for wildlife habitat and recreation.

The city’s only example of application of its Foothills Ordinance like this is with the approval of Boulder Heights last year. In that case, however, the ordinance was still in the approval process and officials persuaded developers to voluntarily adopt the standards. As a result, it isn’t accurate to say that the Boulder Heights subdivision is an example of the city successfully enforcing the Boise Foothills Ordinance. It’s an example of a developer taking the initiative to cluster and accommodate wildlife – just like we are doing.

The irony is that The Cliffs would build to standards meeting or exceeding the Foothills Ordinance. On the 700-acre site, we are proposing to cluster the homes so that more than half the land will be open space. Also, the Foothills ordinance requires no restoration of existing habitat and we would be undertaking extensive restoration.

The Cliffs will be an example of Getting It Right in Foothills development. We ask the city to reconsider its expansion attempt and allow conscientious developers to do what they do best: Protecting special lands, creating great places to live and building places worth caring about.