Middleton planning commission recommends rezoning of 702 Boise St. to C-3 after public concerns about property impacts

The Middleton Planning and Zoning Commission voted unanimously on Oct. 20 to recommend that City Council rezone 702 Boise Street, a roughly 6.67-acre vacant parcel, from R-3 and C-2 to C-3 (heavy commercial).

Madam Planner, presenting the staff report, said the parcel sits just south of Highway 44 near a new roundabout and is largely surrounded by commercial zoning. She told the commission the city entered a property and right-of-way agreement with the property owners in 2023 and that the agreement included a promised rezone to heavy commercial; staff concluded the request is an infill project with sewer and water adjacent and that the change is consistent with the city's comprehensive plan. “We purchased right-of-way for them to finish the road,” the planner said, and staff recommended approval with no conditions.

The public record included an applicant statement from Marcy Higginson of Higginson Holdings LLC. Higginson said the city recommended C-3 to "give us the broadest amount of commercial uses," eliminate split zoning, support anticipated growth and bring more local jobs. Norm Brown, who identified himself as working in commercial real estate, also told commissioners the rezoning "only makes sense" and urged approval.

A nearby resident, Joe Marquez of 617 Boise Street, asked whether the rezoning and road work could lead to his property being taken or otherwise force residents out. "Is it gonna affect me to where somebody... take my property?" Marquez asked. Planning staff and commissioners replied that eminent domain (condemnation) is rare and legally limited, that municipalities generally use condemnation for infrastructure projects such as roads, and that there are no current plans to condemn homes simply to convert them to commercial uses.

Following discussion that described the request as largely "housekeeping" arising from the prior agreement, a motion to recommend approval was made and seconded; the commission recorded unanimous "aye" votes and closed the hearing at 6:01 p.m. The commission's recommendation, including the written findings staff described (that the rezone would not adversely affect city services and is not in conflict with the comprehensive plan), will be forwarded to City Council for final action.

The commission's action was procedural: it recommended approval to the City Council rather than adopting a zoning change itself. The council's workshop on impact fees is scheduled separately in November; the council will receive the commission's rezone recommendation at a future meeting.