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Planning commission recommends rezoning 702 Boise St. to C‑3, citing prior agreement and infrastructure
Summary
The Middleton Planning and Zoning Commission unanimously recommended Oct. 20 that City Council approve a rezoning of 6.67 acres at 702 Boise Street from R‑3/C‑2 to C‑3, citing a 2023 property exchange agreement and existing utilities adjacent to the site.
The Middleton Planning and Zoning Commission on Oct. 20 recommended that City Council approve a rezoning request by Michael and Marcy Higginson (Higginson Holdings LLC) to change a 6.67‑acre parcel at 702 Boise Street from R‑3 (single‑family residential) and C‑2 (medium commercial) to C‑3 (heavy commercial).
Planning staff told commissioners the rezoning is largely a housekeeping action tied to a 2023 property‑exchange agreement in which the city acquired right‑of‑way for the fifth leg of a roundabout and, in return, agreed to rezone a portion of the Higginson parcel to C‑3. The planner said City Council previously approved that agreement by Resolution 487‑23 on Sept. 20, 2023, and Mayor Rule signed it. Staff recommended approval, finding the request would not adversely affect delivery of city services because the parcel is an infill site with adjacent sewer and water and that the request is consistent with the comprehensive plan's transitional‑use designation, which allows commercial uses.
Marcy Higginson, speaking for the applicant, told the commission the rezoning "gives us the broadest amount of commercial uses" and would eliminate split zoning on the parcel, which she said would help attract local jobs and expand the city's tax base.
Resident Joe Marquez, whose home sits adjacent to the site, asked whether the rezoning and planned road improvements could lead to a forced sale of property by eminent domain. Planning staff and commissioners responded that eminent domain is limited to specific public‑infrastructure needs and that there were no plans to condemn private property for commercial redevelopment; staff said Boise Street will be improved to accommodate increased traffic when development occurs.
Norm Brown, a commercial‑real‑estate professional, supported the rezoning and said it "only makes sense" to consolidate commercial zoning in that area.
Commissioner Gregory moved to recommend approval to City Council with no conditions; Commissioner Waltzmait seconded. The commission recorded the motion as approved unanimously and closed the public hearing. The commission's recommendation will go to Middleton City Council for final action.
