City Approves Rezone of Aronson Property

WAITSBURG – It has taken nearly a year's worth of effort, but a rezone of a property owned by Marvin Aronson just off Highway 124, which was recommended by the Waitsburg Planning Commission, was finally approved by the city council at their April 19 regular meeting.

The rezone, from R1-residential to a Flexible C-R Zone wasn't what the applicant initially requested, but was what the commission and council felt was the best compromise for all involved.

The rezone has been a lengthy process, and even required a text amendment to city ordinances before it could be approved by the council. Before reviewing the rezone proposal, the council approved a code text amendment that gives the planning commission authority to issue conditional uses that haven't previously been allowed in a site specific zone.

The council then reviewed the site-specific rezone and corresponding suggested conditional uses.

The situation first came before council in June of 2016 when close to a dozen community members attended a public hearing in response to a rezone application from Aronson. The application requested that his property at 503 W. 2nd, be rezoned from residential to commercial to accommodate his hobby automobile and equipment repair business.

Aronson purchased the property, which has a history of being used for commercial businesses, including a grocery store and auto sales lot, under the impression that it was commercially zoned. When he learned that it was zoned residential, he applied for a C-2 commercial rezone in order to legally continue using his property as storage and hobby repair of automobiles, trucks, and lawnmowers.

The planning commission denied the commercial rezone because it would allow any commercial business in an area surrounded by homes. Instead, the commission set out to establish appropriate site-specific zoning and/or conditions that would meet the needs of the landowner as well as respecting neighboring property owners.

The planning commission finally proposed a site-specific rezone from Residential to a Flexible C-R Zone, which allows for mixed use. The change, which includes a "big, long, list" of conditions, applies to one applicant and one use, according to City Manager Randy Hinchliffe.

"If he sells, it goes away," Hinchliffe said.

"I don't think we could be any more accommodating than we have been. Aside from the comprehensive plan done several years ago, this has been the most work the planning commission has done in years. It's been a rather lengthy process, but I think it's been the right process," he added.

Council member Kevin House asked about the enforceability of the CUP. Hinchliffe said that if conditions are not met, the city can pull the permit and/or discontinue city services such as water service.

City Attorney Jared Hawkins explained that the council has the right to approve or deny the rezone. If approved, the planning commission will then approve the list of conditions associated with the parcel. Those suggested conditions were also presented to the council.

Council membes KC Kuykendall and Karen Gregutt serve on the planning commission and refrained from voting. The remaining council members voted unanimously to approve the rezone.