West Pointe downzone (310 West 1400 North)

Every hearing and vote

1. March 1, 2022 · City Council

   West Pointe rezone, 310 West 1400 North, Ordinance 22-06 (workshop)

   Discussed

   Planner Tanya Rice presented a request to rezone about 1.36 acres from MR-12 to MR-20 and subdivide the West Pointe condominiums, five fourplexes with 20 units built in 1992 and converted to condominiums in 1994. MR-12 allows 16 units on the site, so the existing 20 exceed the limit; MR-20 would allow up to 27. Staff recommended denial, saying MR-20 is incompatible with the Bridger Neighborhood, which has been downzoned, and could invite similar requests. The Planning Commission voted 7-0 on February 10 to recommend denial and was concerned it looked like spot zoning. Rice said the owners want the change for lending, sales and insurance, and without it the condominium stays an illegal nonconforming use. Action was set for March 15.

   • Current zone to proposed: MR-12 to MR-20
   • Acres: about 1.36; existing units: 20
   • Staff and Planning Commission: recommend denial (7-0, February 10, 2022)

2. March 15, 2022 · City Council

   West Pointe rezone, 310 West 1400 North, Ordinance 22-06

   Continued · 4-0

   At the applicant's request the council continued the rezone from MR-12 to MR-20 of about 1.36 acres to April 19.

   Moved by Council Member Mark Anderson, seconded by Council Member Ernesto López. Vote: 4-0; the minutes say the motion carried unanimously, counted here as the 4 council members present

3. April 19, 2022 · City Council

   West Pointe rezone, 310 West 1400 North, Ordinance 22-06 (public hearing)

   Continued · 5-0

   The rezone of about 1.36 acres from MR-12 to MR-20 would let the owners of the 20 condominium units own the land beneath them; the buildings are nonconforming now. The Planning Commission voted 6-0 to recommend denial and suggested a deed restriction and a downzone afterward to avoid spot zoning. The owners' attorney, Jeremy Raymond, offered a restrictive covenant barring any density increase; one owner said approval would let units be classed as apartments for insurance and financing. Chair Simmonds said the deed restriction should have been presented already, doubted the site could meet MR-20 standards including 30 percent open space and would not support the rezone if it cannot; Tom Jensen said a deed restriction would leave no neighborhood impact. The attorney said a restriction cannot be a condition of the rezone and all owners must agree. The council continued the item to May 17.

   • Current zone to proposed: MR-12 to MR-20
   • Planning Commission: recommended denial 6-0

   Moved by Council Member Tom Jensen, seconded by Council Member Amy Anderson. Vote: 5-0; the minutes say the motion carried unanimously, counted here as the 5 council members present

4. May 17, 2022 · City Council

   West Pointe rezone, 310 West 1400 North, Ordinance 22-06

   Approved · 5-0

   The owners provided a plat that complies with MR-12 and a deed restriction the council had requested, which the city attorney reviewed. The council adopted the rezone from MR-12 to MR-20 for the roughly 1.36-acre site. No one spoke.

   • Current zone to proposed: MR-12 to MR-20
   • Conditions: deed restriction barring additional density

   Moved by Council Member Tom Jensen, seconded by Council Member Ernesto López. Vote: 5-0; the minutes say the motion carried unanimously, counted here as the 5 council members present

5. April 15, 2025 · City Council

   Workshop: West Pointe downzone, Ordinance 25-07

   Discussed

   Planner Aimee Egbert presented rezoning five properties, about 1.36 acres at 310 West 1400 North, from MR-20 to MR-12. The Planning Commission recommended approval 6-0 on March 27. One written comment was received but its content is not in the minutes. Action was set for May 6.

   • Acres: about 1.36
   • Current zone → proposed: MR-20 → MR-12
   • Planning Commission: recommended approval 6-0

6. May 6, 2025 · City Council

   West Pointe downzone, 310 West 1400 North, Ordinance 25-07 (public hearing)

   Approved · 5-0

   Planner Aimee Egbert presented a change for five properties totaling about 1.36 acres in the Bridger Neighborhood from MR-20 to MR-12. The Planning Commission recommended approval 6-0 on March 27, 2025. Staff noted one written comment; no one spoke at the hearing.

   • Acres: about 1.36
   • Current zone → proposed: MR-20 → MR-12
   • Planning Commission: recommended approval 6-0, March 27, 2025

   Moved by Council Member Mark Anderson, seconded by Council Member Amy Anderson. Vote: 5-0 on roll call