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Council advances rezoning of 799 East Mercury Avenue amid neighbor concerns over drainage and height

City Council, SUA, and SEDA Meetings · July 21, 2026
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Summary

The council advanced Ordinance 36-18 to second reading after approving a rezoning of 799 East Mercury from CS/NTZ to RT to allow duplexes; Planning Commission recommended approval 5–0 and council vote was 4–0. Neighbors raised drainage, privacy and migratory bird concerns.

Staff explained the request to rezone 799 East Mercury Avenue from CS and NTZ to RT (residential two-family), saying NTZ is rare and RT is similar in intensity. "NTZ or neighborhood transition zone is intended to buffer single family residential neighborhoods from existing higher intensity uses," staff said while comparing allowed uses.

Steven Gose, representing the applicant, said the client wants to build duplexes and that drainage and traffic concerns will be addressed during preliminary plat and permit reviews. Neighbors Sherry Boline and Travis Rollins voiced concerns about migratory birds, drainage, privacy and traffic; Boline said, "since 1970, America has lost approximately 3,000,000,000 [breeding] birds," and Rollins asked that the planning and drainage studies address those concerns. Planning Commission recommended approval 5–0; council approved the recommendation and advanced Ordinance 36-18 to second reading by a 4–0 vote.