Commission unanimously denies rezoning request for Cottonwood area after restrictive covenants found

The Planning and Zoning Commission unanimously denied a rezoning request that would have changed zoning on properties along Cottonwood Street from R-1 (single-family) to R-2 (two-family/twin homes).

Planner Ryan Brooks explained the application and staff recommendation, saying the developer proposed the rezoning to increase density in the area between 50 Ninth and 60 Second Avenue. Brooks told the commission that at a neighborhood meeting one resident raised restrictive covenants signed by the original developer that require three-stall garages and minimum lot sizes; staff later verified those covenants and obtained copies from the county.

Why it matters: the covenants run with the land and reflect neighborhood expectations set at sale. Several commissioners said rezoning would adversely affect property buyers who purchased with the expectation of single-family development. Commissioner Budke and others emphasized that the covenants show the developer’s and buyers’ intent and argued the city should not upend those expectations without clear cause.

Developer and applicant representatives attended and said they had not previously been aware of the covenants; staff said the covenants could be amended, but doing so would require property-owner agreement. After discussion, the commission voted unanimously to deny the rezoning request.

The applicant may choose to pursue other sites or attempt to amend the covenants with property owners; the commission recommended that staff work with the developer on alternative locations that do not have existing covenants.