2850 Washington Boulevard rezone (Heritage Land Development)

Every hearing and vote

1. May 20, 2025 · City Council

   Rezone of 0.61 acres at 2850 Washington Boulevard (rear) from CP-3 to R-3/CO (Ordinance 2025-13)

   Denied · 5-1

   Heritage Land Development asked to rezone 0.61 acres from CP-3 Regional Commercial to R-3/CO Multiple Family Residential with a conditional overlay, for roughly 11 condominiums or townhomes. The Planning Commission recommended approval 5-2. Council members questioned the single shared driveway, which would need a variance from the Board of Zoning Adjustments, fire and garbage truck access, and a future commercial building next door that could be built to the property line. Applicant Selvoy Fillerup said he had tried for over a year to buy the neighboring parcel without a response. Linda Sanchez and Teresa Bramwell supported the use; Ty Chaston raised utility, fire access, snow and lighting issues. Council Member Myers called it the highest and best use, and his motion to adopt died for lack of a second. Council Members Choberka, Graf and Hyer cited limited access and said the case would be stronger with more land; they and Chair White voted to reject.

   • Applicant: Heritage Land Development (Selvoy Fillerup)
   • Acres: 0.61
   • Current zone → proposed: CP-3 → R-3/CO
   • Planning Commission: recommended approval 5-2 on Feb. 19, 2025, with conditional overlay and development agreement
   • Units: about 11 allowed under R-3

   Moved by Council Member Hyer, seconded by Council Member Graf. Vote: 5-1 to reject; Council Member Shaun Myers voted no. Council Member Ken Richey was not present

2. April 15, 2025 · City Council

   Work session: rezone of 0.61 acres at 2850 Washington Boulevard from CP-3 to R-3

   Discussed

   Planning Director Barton Brierley said Heritage Land Development petitioned to rezone 0.61 acres from CP-3 (Regional Commercial) to R-3 (Multiple-family Residential) for condominiums or townhomes to be sold individually. The Planning Commission recommended approval with a conditional overlay and a development agreement requiring the units to be platted for individual ownership, but not unanimously; two commissioners who opposed it thought the lot should be combined with the property to the north. Council Member Graf relayed an adjacent owner's worry about losing seven parking stalls. Chair White said she wanted to wait for the General Plan update and asked about road width and a possible pause on residential rezones; Vice Chair Hyer leaned toward denial until the plan is done. Council Members Myers and Choberka said the proposal looked appropriate.

   • Applicant: Heritage Land Development
   • Acres: 0.61
   • Current zone → proposed: CP-3 → R-3 with conditional overlay (Planning Commission recommendation)