Planning commission recommends rezoning of 252 and 254 East Simpson Avenue to public use

On Nov. 19, the town Planning and Zoning Commission voted to recommend approval of a zoning map amendment to rezone 252 and 254 East Simpson Avenue from Office Residential (OR) to Public‑Semi Public (PSP). A commissioner moved the recommendation based on the staff report and departmental reviews; the motion passed by voice vote.

Planning staff recommended the rezoning at the public hearing. Tom Valentine, planning staff, said the county purchased the parcels in 2021 and that the request is intended to make the zoning consistent with adjacent publicly owned property. “Based on our staff report, we are recommending approval of the request as presented,” Valentine said.

Staff told the commission the lots currently contain four temporary trailers and offices being used as modular courtrooms for the Justice Center project; those trailers are temporary and will be removed within 60 days after occupancy of the new courthouse. Applicant representative Jason Berning of Berning Project Management told the commission demolition of the existing courthouse is scheduled to start this winter, with an overall schedule of about two and a half years and a target occupancy in 2028. Berning said the rezoning is not tied to leaving the trailers in place long term and sought to clarify a separate past permitting issue: “There was not an intention. It just we're dealing with a requirement that came up from planning and, unfortunately, it came after the building permit was submitted,” he said.

Several commissioners raised questions about the optics and process of a government entity buying land and seeking a zoning change. One commissioner said it felt ‘‘frustrating’’ that the county could acquire property and request rezoning before a specific development plan was presented. Staff responded that government land acquisitions are typically considered on an as‑needed basis, that PSP is the appropriate designation for many town and county properties, and that most future uses in PSP will require conditional use permits and additional public review.

Staff also noted an editorial correction in the staff report: a recent LDR text amendment removed an earlier required finding related to comprehensive plan consistency, so the report’s first listed finding should be removed; the commission discussed the change and proceeded with consideration of the remaining findings.

The commission’s recommendation now goes to the town council for final review and three ordinance readings if council approves the change. Staff said future development on the site will generally trigger public notice and conditional use review so neighbors can comment on specific proposals.

Next steps: the council will receive the commission’s recommendation and will schedule its review; if approved by the council, the rezoning will require three ordinance readings to take effect.